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HOMES IN THE WEST; 



HOW TO OBTAIN THEM. 



Containing copies of all the Homestead and Pre-emption Laws; with Instructions how to 
Locate, Pre-empt, and Obtain Title to Public Lands ; 

With Description of Climatb, Soil, and Resources of some of the leading 
States of the Wbst. 



COMPILED FROM OFFICIAL (AND OTHER RELIABLE) SOURCES BY 

B. F. BROWF^^:r^::aB^ 



u <5P^' — ^"'''^ 

PITTSBURGH, PA;: ^;x. 1870 \^ 



PRICE 50 CENT 



PITTSBURGH: 

Phinteb bt W. S. Haven & Oo., corner Wood Street and Third Avenue. 

1870. 



I\ 






Entered according to Act of Congress, in the Year 1870, by B. F. Brown, in the office 
of the Librarian of Congress at Washington. 



^(RE FACE. 



This small volume is designed to give information at once 
interesting and reliable about some of the most promising of our 
Western States ; also, to assist parties in determining where to 
secure Homesteads, or to purchase desirable lands. 

The Author hopes it will be kindly received, and that it will 
benefit those who seek new homes in the Far West. 

Pittsburgh, 1870. 



CHAPTER I. 

INTRODUCTION. 

The object of this small volume is to give a brief but, at 
the same time, interesting account of some of the leading 
States of the Great West, where the tide of immigration is 
tending so strongly ; also to give soldiers and citizens infor- 
mation how and where to secure homesteads under the 
various homestead and pre-emption laws. 

The following is a copy of the Act passed July 15th, 1870, 
entitled, ^^An Act making appropriations for the support of 
the army, for the year ending June 30th, 1871, and for 
other purposes," viz ; 

*' Sec, 25. And he it further enacted, That every private 
soldier and officer who has served in the Army of the United 
States during the rebellion, for ninety days, and remained 
loyal to the government; and every seaman, marine, and 
officer or other person, who has served in the Navy of the 
United States, or marine in the Corps, or revenue marine, 
during the rebellion, for ninety days, and remained loyal to 
the government, — shall, on payment of the fee or commission 
to any Register or Receiver of any land office required by law, 
be entitled to enter one quarter section of land, not mineral, 
of the alternate reserved sections of public lands, along the 
lines of any one of the railroads or other public works in the 
United States, wherever public lands have been or may be 
granted by Act of Congress ; and to receive a patent therefor 
under and by virtue of the provisions of the Act to secure 
homesteads to aetual settlers on the public domain, and the 



vi. Introduction. 

Acts amendatory thereof, and on the terms and conditions 
therein prescribed : and all the provisions of said Acts, ex- 
cept as herein modified, shall extend and be applicable to 
entries under this Act ; and the Commissioner of the Gen- 
eral Land Office is hereby authorized to prescribe the neces- 
sary rules and regulations to carry this section into effect, 
and determine all facts necessary therefor/' 

By the provision of this Act, the Homestead Law of 20th 
May, 1862, and the Acts amendatory thereof, are so far 
modified as to allow entries to be made by the parties men- 
tioned therein, of the maximum quantity of one quarter 
section, or one hundred and sixty acres of land, held at the 
double minimum price of ^2.50 per acre, instead of one half- 
quarter section, or eighty acres, as heretofore. 

The Commissioner, in his instructions to Kegisters and 
Receivers, says: " In case of a party desiring to avail himself 
thereof, you will require him to file the usual homestead 
application for the tract desired, if legally liable to entry ^ to 
make affidavit according to the form hereto annexed, instead 
of the usual homestead affidavit, and on his doing so, allow 
him to make payment of the $10 fee stipulated in the Act of 
20th May, 1862, and the usual commissions on the price of 
the land at $2.50, the entry to be regularly numbered and 
reported to this office in your monthly homestead returns." 

Regarding settlement and cultivation, the requirements of 
the law in this class of entries are the same as in other 
homestead entries. 

The following is the required 

Affidavit. 

Land Office, at 
(Date) 
I, , of . , having filed my appli- 

cation, No. , for an entry under the provisions of the 



Introduction, vii. 

Act of Congress, approved May 20tli, 1862, and desiring to 
avail myself of the 25th Section of the Act of July 15th, 
1870, in regard to land held at the double minimum price of 
$2.50 per acre, do solemnly swear that I am the identical 
, who was a in the ^Company com- 

manded by Capt. in the Kegiment of 

commanded by , in the War of 

1861; that I continued in actual service for ninety days, and 
have remained loyal to the government ; that said applica- 
tion, No. , is made for my exclusive benefit, and for the 
purpose of actual settlement and cultivation, and not directly 
or indirectly for the use or benefit of any other person or 
persons, and that I have not heretofore had the benefit of the 
Homestead Law. 

Sworn to and subscribed before me this day of 



[Register or Receiver of the Lcmd Office.) 

* Where the party was an oflacer, or in a diflFerent branch of the service, the 
affidavit must be varied to suit. 

It will be seen by the foregoing that actual settlement is 
required of the soldier under the late Act of Congress, and 
the purpose of this work is to inform him where and how to 
locate and secure good homesteads. Want of space prevents a 
more detailed account of the difi'erent States. 

I: will endeavor to give brief statements of the climate, 
soil, and resources of some of our leading Western States, 
amd have compiled the same from official and other reliable 
sources, bo that statements herein made can be relied on as 
correct. 

A strong efi'ort will be made during the ensuing session of 
Congress to have the Act of July 15th, 1870, amended so as 
to allow soldiers greater privileges than now allowed them; 
and to accomplish this end, soldiers throughout the Country 



viii. Introduction. 

should urge on their Representatives in Oongress the passage 
of such an Act or amendment. 

The views of the writer on this subject are, that Congress 
should allow the soldier the privilege of placing a represent- 
ative on the land, and not insist on the soldier in person be- 
coming an actual settler. 

As it now is, many of our most deserving soldiers, those 
who are disabled by wounds and disease^ are unable to derive 
any benefit from this land grant. 

Provision should also be made for the heirs of deceased 
soldiers; as the law now stands they can receive no benefits 
from it. 

It would not be policy for the government to issue Land 
Warrants as was done after former wars, as the number of 
persons to receive such warrants is now so great, that being 
anxious to realize on their warrants, the holders of the same 
would offer them at any and every price, and it would cause 
a derangement in the land business, that it would take years 
to overcome, and the land would pass into the hands of a few 
moneyed monopolists. On the other hand, the privilege of 
representation would allow all to reap the benefits intended 
for them, and the disabled soldier, widows, and orphans of 
deceased soldiers could, through their representatives, derive 
the benefits to which they are justly entitled, but now de- 
prived of. 

Therefore, let every soldier in the Country interest him- 
self in this matter, and not trust to others, and they will 
succeed in having an Act passed by the next Congress, which 
will greatly benefit them all, and the land secured by them 
will, in a few years, bring them a handsome sum of money if 
they wish to dispose of the same ) or, they will have good 
homes for themselves and their heirs, if they desire to settle 
upon it and improve it. 



KANSAS. 



1* 



KANSAS. 



Time was, when the »tream of emigration from Europe 
and the over-populous Eastern States knew nothing of the 
fair fields of Missouri, or the beautiful plains of Kansas* 
Then the march westward was in higher parallels. So 
Michigan, Northern Illinois, Wiseonsin, and the colder 
regions of Minnesota and Northern Iowa, were first occupied 
and settled. Kansas was a battle-field then, and Missouri, 
by reason of its slavery, was not thought of as a point for 
emigration. 

The storm that hung over Kansas deterred thousands from 
sharing in her destiny. But now, smiling peace guarantees 
freedom, protection, and just laws to every man within her 
borders, and emigrants are forsaking the colder climes of 
more northern directions. The march of emigration is bend- 
ing to the south-west, and has been for the last few years. 
People who live on the celd hills of New England, or on the 
northern side of Europe, seek, now that the way is open, for 
sunnier climes. 

In Kansas, the winters are short, the springs early and 
beautiful, while in the North-western States the winters are 
long and cold, and stock has to be housed, and raised at 
comparatively great expense. 

Kansas is one of the youngest and largest States of the 
Union. It was admitted as a State, January 1st, 1861, with a 
population of 107,000, which is now estimated at over 400, 



12 Homes in the West. 

000, and rapidly increasing. The State has a varying length 
from east to west of from 344 to 408 miles, with a breadth 
of 208 miles, eo^racing an area of 52,043,520 acres. Mil- 
lions of acres are yet open for settlement. There being 21, 
120,000 acres, over which the lines of public surveys have 
not yet been extended. 

The State abounds in wild game of the prairies, and the 
rivers teem with fish — the black bass being very abundant. 
Here the true sportsman can find amusement and recreation 
with his dog and gun ; or, when too much fatigued to hunt, 
he can turn his attention to the finny tribe, and, reclining on 
the bank of some stream, can soon fill his basket with choice 
fish. 

There are nineteen cities and two hundred and ninety-seven 
tswns in the State. The aggregate length of railroads com- 
pleted is seven hundred and forty-four miles; in process of 
construction, two hundred and eighty-five miles; and projected, 
five hundred and eighty-seven miles. 

Kansas as a State possesses great agricultural and other 
advantages, and now stands pre-eminently the first in the 
Union, and no other is attracting so much emigration. 
Farmers, mechanics, and laborers are thronging there in vast 
multitudes from almost every Country in the World, and 
rapidly occupying and cultivating her rich valleys and beau. 
tiful prairies. 

The climate is exceedingly healthful; and this is one of the 
principal excellencies and inducements for settlement. The 
purity of the atmosphere makes it singularly beneficial to in- 
valids, especially to those suffering from pulmonary diseases. 
There are no prevailing diseases, and consumption is almost 
unknown, and never originates here. 

There are few marshes or stagnant pools, and the great 
plague common to all new Countries, namely ague, is of com- 
paratively rarQ occurrence. The winters are very shorfc, 



Kansas. 13 

lasting usually about three montlis, and are generally dry 
and very pleasant. Snow seldom lies on the ground longer 
than a few hours. Spring commences about the first of 
March, and vegetation shoots forth rapidly. The heat of 
summer, which is never extreme, is neutralized by the cool- 
ing and gentle breezes which almost constantly waft across 
the prairies j and the nights especially are thereby rendered 
pleasant and refreshing. Man and beast, after their day of 
toil, can there enjoy the sweet repose of sleep, so essential to 
health and strength, and rise in the morning invigorated and 
prepared for the work before them. 

Timber. As a general thing this State is not well timbered, 
but along the streams, sufficient timber can be found for local 
purposes. The principal varieties of timber are ash, elm, 
black walnut, and cottonwood, — black walnut is in some 
places very abundant, and is used for all purposes, from fence 
rails and railroad ties to the finest furniture. 

For building purposes magnesian limestone is an excellent 
substitute for timber ; this stone is of light cream color, and 
when taken from the quarry, is quite soft, and can be worked 
by saws and planes into any desired shape; by exposure to the 
atmosphere it becomes quite hard. The State Capitol at Topeka, 
one of the most beautiful structures in the West, is built of 
this stone, many of the blocks weighing eight to ten tons. 

Gypsum is found in Saline and adjoining counties. There 
are extensive deposits of this mineral, so valuable for build- 
ing and fertilizing purposes. By a process of burning, 
similar to that of limestone, it can be manufactured into the 
finest quality of Plaster Paris. 

A very fine quality of salt is manufactured in large quan- 
tities by the Continental Salt Company, one mile and a half 
from Solomon City, and twelve miles east of Salina. The 
works cover several acres, and the brine pumped from the 
wells produces, by evaporation, ten or twelve gallons of salt 
per barrel. 



14 Homes in the We%t. 

Among the numerous productions which can he grown in 
Kansas to advantage are, wheat, corn, rye, harley, oats, and 
sweet and Irish potatoes, and all kinds of garden vegetahles. 
Wild fruits are very abundant, especially plums, gooseberries, 
blackberries, strawberries, and wild grapes; and from what 
has already been accomplished in the cultivation of fruit, it 
is clearly demonstrated that apples, pears, peaches, plums, 
cherries, &c., produce abundantly, and grapes are now being 
cultivated with the greatest success. 

The abundant rains of April, May, and part of June, are 
conducive to a large and healthy growth, and the pure, warm, 
and dry atmosphere of the subsequent months secures the 
ripening of the grapes richly and soundly. Many vineyards 
have been planted, and Kansas is destined in a few years to 
become a great wine-producing State ; and, no doubt, wine- 
making in the future will be one of the most lucrative pur- 
suits. 

Kansas is well adapted for stock-raising; the luxuriant 
grasses, and the vast area of unoccupied lands, together with 
the mild and open winters, are facilities for stock-raising 
which are unequalled by any other State in the Union 
Thousands of cattle can be grazed the entire winter, in the 
valleys and along the streams, and the use of hay can be 
almost entirely dispensed with. Fifty thousand head are 
annually shipped East from Abilene, Solomon, Salina, and 
Ellsworth, where large cattle yards are established. 

Manual employment is easily obtained; the wages for 
ordinary labor are from two dollars to two dollars and a half 
per day, and mechanical from three to five. A large amount 
of building is now going on, and carpenters and masons are 
in good demand. The prices of cattle, productions, &c., are 
about as follows, viz : Horses from seventy-five dollars up- 
wards, a good farm horse will cost one hundred to one hun- 
dred and twenty-five dollars ; mules are about the same price 



Kansas. 16 

as horses ; milcfe cows are from twenty-five to fifty dollars ; 
oxen, per pair, seventy-five to one hundred and fifty dollars; 
farm wagon $115 to $130. Lumber — white pine flooring, 
$45 to $56 per thousand ; siding, $28 to $35 ) finishing, $50 
to $75 ; shingles, $5 to $7 per thousand ; lath, $7.25 
per thousand; and during the last two years, the prices 
paid for produce have ranged as follows : corn, per bushel in 
cob, from 35 to 60 cents ; wheat, $1.25 to $2.25 per bushel ; 
oats, from 40 to 50 cents per bushel ,• potatoes, from 40 to 
80 cents per bushel. 

The great demand for supplies by the forts and mining 
regions West, insure to the farmer on these lands a ready 
market and good prices for his produce 

Coal is found in Bourbon, Allen, Linn, Miami, Franklin, 
Jackson, Doniphan, Nemaha, Pottawattomie, Washington? 
Clay, Osage, Woodson, and other counties, and in some dis- 
tricts in great abundance, though, as yet, has been but slightly 
developed. In Bourbon, coal underlies the whole extent of 
the county, #he veins varying in thickness from 18 inches to 
4 feet, cropping out on the surface in many places, and said 
to be often the best quality. In Allen, and Linn counties, 
the veins are from 2 to 6 feet thick, awaiting developments. 



KIVERS. 

Kansas Kiver — The Kansas River is the largest in the 
Stafe, and one of the most beautiful streams of water in the 
West. It is formed by the junction of the Republican and 
Smoky Hill, near Junction City, in the central part of the 
State, and flows in an easterly direction for a distance of one 
hundred and fifty miles through a rich, fertile valley, from 
three to seven miles in width, and empties itself into the 
Missouri River at Wyandotte City, the eastern terminus of 
the Union Pacific Railroad. The Republican River comes 



16 Home in the West. 

down from Colorado, througli the north-western portion of 
the State, coursing in a south-easterly direction through a 
rich, wild region of country, for a distance of over three hun- 
dred miles. The Smoky Hill River derives its source from 
the confluence of several smaller streams in the eastern part 
of Colorado, and flows to the east through the central part of 
the State, to its junction with the Republican. 

Neosho — The Neosho River rises near the centre of the 
State, and flows to the south-east through a rich agricultural 
and stock-growing country, emptying into Grrand River, near 
the south-east corner of Kansas. The Neosho Valley is from 
three to seven miles in width, and contains some of the most 
beautiful, rich, and desirable lands in the State. 

Arkansas — The Arkansas River, collecting the snows of 
the Rocky Mountains, flows in an easterly direction through 
the south-western part of the State, for a distance of three 
hundred miles. 

Great Nemaha — The Great Nemaha rises in the north- 
central part of the State, and flows east, emptying into the 
Missouri River at the north-east corner of the State. There 
is a sufficiency of timber on its banks for all practical purposes. 

Osage — The Osage courses through a fine region of coun- 
try in Southern Kansas, about midway between the valleys of 
the Kansas and Neosho. The Pottawattomie and other smal- 
ler streams flow into the Osage. The valleys of these rivers 
contain some of the most valuable farms in the State. 

Big Blue — The Big Blue, from Nebraska Territory, flows 
to the south through the north-central part of the State, 
emptying into the Kansas River at the city of Manhattan. 

Solomon — The Solomon River rises in the north-western 
part of the State, flows in a south-easterly direction, and 
empties into the Smoky Hill River, about thirty miles west 
from Junction City. 



Kansas. 17 

There are several small rivers which it is not necessary for 
us to describe here. 

The Missouri Kiver washes the eastern shore of the State 
of Kansas for over one hundred miles. This river is navi- 
gable at all times, and is a source of great value to the State, 
especially to Leavenworth, Atchison, Wyandotte, White 
Cloud, Doniphan, and other cities that stand upon its banks. 
The whole State is supplied with an abundance of pure, 
clear, cold water. Besides the clear running streams and 
cool refreshing springs in the different localities, the best 
quality of water is also obtained by digging wells on the 
high prairies, varying from ten to thirty feet in depth. 

Along the river valleys the timber land is from three to 
ten miles in width, and from one to three hundred miles in 
length. The Osage Orange is used extensively for fencing 
purposes; its growth is so rapid, that during the third year 
it makes a fence of the most permanent and substantial char- 
acter, at a very light expense to the farmer. 

Kansas is destined to become one of the greatest stock- 
growing States of the West. Her rich soil, broad prairies 
covered with fine heavy grass, which during the fall months 
is cured by the sun into hay, the abundant supply of pure 
water, the easy and cheap facilities for procuring hay and 
other forage, the dry, mild, short winter seasons, and the 
gentle refreshing showers of summer, are only a few of the 
advantages afforded those engaged in this important enter- 
prise. 

Wool-growing is rapidly becoming one of the most profit- 
able branches of industry. During the past two years large 
herds of sheep have been driven to the State from Ohio, 
Michigan, Indiana, Illinois, and Iowa. Herds of cattle and 
horses, owned by the Indians in Southern Kansas, feed on 
the prairie during the entire winter^ and prove conclusively 
that Kansas, as a stock-raising State, is unsurpassed. 



18 Homes in the West. 

In the central and western portion of the State millions of 
buffalo, deer, and antelope roam upon the boundless prairies, 
supported during the winter by a fine delicate grass cured 
into hay. Where these wild animals subsist there can be 
no difficulty in raising domestic stock, since fifty sheep or 
five English cattle can be supported on what would be neces- 
sary for the sustenance of one buffalo. 

The State also abounds in a great variety of other wild 
game, such as bears, wolves, wild cats, raccoon, rabbits, otter, 
mink, beaver, muskrats, prairie chickens, turkeys, geese, 
ducks, pigeons, quail, &c. 

The late A. D. Richardson^ speaking of the beauties of 
Kansas scenery, thus writes of it: 

^' I wonder if the Almighty ever made a more beautiful 
country than Kansas. Those green prairies, rolling like 
gentle swells of the ocean, starred and gemmed with flowers, 
and threaded with dark belts of timber which mark the 
winding streams, are a joy for ever. * * * * 

G-lancing over thousands of acres covered with long grass and 
dotted with groves, it appears the perfect counterpart of cul- 
tivation, field, and orchard. One can hardly persuade him- 
self that he is not scouring a long-settled country, whose 
inhabitants have suddenly disappeared, taking with them 
houses and barns, and leaving only their rich pasture and 
hay fields. 



TOWNS AND CITIES IN KANSAS. 

Under this head we begin with Kansas City, which is just 
over the State line, and in Missouri. 

The growth of this city, from a mere hamlet to an important 
business and railroad centre, with a population of 321,286, is 
a good instance of the way towns grow in the West. In 1860, 
its population numbered but 4,418, so that the census of 1870 



Kansas. 19 

shows a gain of 730 per cent. Kansas City is the largest 
city between St. Louis and San Franeisco, with a better 
promise of becoming a large city than St. Louis or Chicago 
had twenty-five years ago. It is built mostly in a substantial 
manner, of brick. It has imposing structures for business 
houses, commodious hotels, and schools and churches have 
been extemporized as if by magic. No city in the United 
States has probably made such rapid progress during the 
past ten years. 

LEAVENWORTH. 

This is the largest and most beautiful city in Kansas; it 
lies directly on the west bank of the Missouri River, forty 
miles south of St. Joseph, and twenty-six miles from Kansas 
City ; it is well built, has sixteen churches, and a splendid 
Catholic cathedral; it claims a population of 35;000. 

ATCHISON 

Is the third city in Kansas in point of population and com- 
mercial importance. It is situated twenty miles north of 
Leavenworth, on the western bend of the Missouri River. 
Timber and coal abound in its vicinity. Population, about 
8,000. 

LAWRENCE. 

Lawrence, so young, has a great history: it was started 
amid fierce debate in the Country, on a question which was 
only settled on awful battle fields. Nearly two hundred of 
its inhabitants were slaughtered one beautiful day seven 
years ago, by Quantrell and his host of guerrillas, and nearly 
two millions of property destroyed. But how soon does the 
energy of the American people obliterate the fierce foot-prints 
of war and destruction. Lawrence is now restored, and has 



20 Homes m the West. 

more than doubled its population. It has risen in beauty 
from its ashes, and stands before the admiring stranger, the 
beautiful centre of matchless surroundings, the very image 
and embodiment of security, peace, and prosperity. It lies 
for the most part on the south side of the Kansas Kiver, 
about thirty-three miles from Leavenworth^ and thirty-eight 
miles from Kansas City. The ground rises with a gentle 
elevation from the stream. 

Lawrence has a firsfc-class population in every respect, 
which numbers about twelve thousand. 

TOPEKA, 

The Capital of the State, is upon the south bank of the Kan- 
sas River, twenty-eight miles above Lawrence. One of the 
finest State Houses in the West, sufficient to accommodate 
the future wants of the great State of Kansas, is now building. 

ST. MARY'S MISSION. 

This place is twenty-three miles above Topeka, in the 
centre of the ^' Pottawattomie Indian Reservation,'^ a district 
of country of great agricultural capacities, about thirty miles 
square. The Catholic school, for the education of the Indian 
youth of the tribe, is established here. 

MANHATTAN. 

The Big Blue forms a junction here with the Kansas, 
This is one of the most delightful locations in the State, and 
is the business centre of a flourishing community. 

JUNCTION CITY 

Is situated at the western side of the Fort Riley Reservation, 
at the junction of the Smoky Hill and Republican Rivers, 



Kansas. 21 

138 miles from the Missouri. Inexhaustible beds of magne- 
sian limestone occur in the bluffs near the town, and 
extensive quarries are already being worked — a fine light 
colored stone, not unlike marble in appearance. 

DETROIT. 

Detroit is a fine thriving town, nineteen miles west of 
Junction City, in Dickinson county. There is an abundance 
of timber in this vicinity, also a fine water power. 



ABILENE. 

Twenty-four miles from Junction City, we reach Abileni, 
the county seat of Dickinson county. The valley of the 
Smoky is here wide and very beautiful. The land is fertile, 
and grazing very superior; and Abilene has been selected by 
several of the most extensive cattle-dealing firms in the 
Uniited States, as the point of concentration and shipment to 
the East, for Mexican and Texan cattle. 

SOLOMON CITY 
Is on. the bank of the Solomon River, one of the chief 
branches of the Smoky Hill River, heading near the 
base of the Rocky Mountains, and traversing for more than 
200 miles one of the richest valleys of Kansas. It is an 
active little town of about two years growth. 

Fourteen miles beyond Solomon is the flourishing town of 
Salina, This place is rapidly growing in population, and 
exhibits much business enterprise. 

Ellsworth is situated directly on the north bend of the 
Smoky Hill River, and has a large area of fair farming lands 
surrounding it. The country around is admirably adapted 
to stock-raising. 



22 Homes in the Weti. 

Emporia. — This thriving town is on the Missouri, Kansas, 
and Texas Railway, sixty miles south-east of Junction City. 
It is the chief business point of the rich Neosho Valley, with 
a population of about 3,000. 

Fort Scott is a flourishing place. Three hundred build- 
ings were erected last year. It is the centre of the great 
railroad system of Southern Kansas. Several railroads 
already are projected to meet at this point. Inexhaustible 
beds of coal are found here. Population, 5,000. It is 100 
miles from Kansas City by the Missouri, Fort Scott, and 
Grulf Railway. 

Sheridan. — This is a brisk town on the line of tbo Kansas 
Pacific Railway, named after the gallant General Phil. 
Sheridan. A lively frontier trade is driven here, and it is 
rapidly becoming a fast railroad town. 

The soil of Kansas yields enormously, and is adapted to 
all kinds of agricultural production. 

No part of the earth's surface has ever passed so 
rapidly from the condition of a vast, trackless, desolate abode 
of wild beasts and roaming savages, to one of complete civil- 
ization, as this ; and probably no other could have been so 
quickly transformed. As it was in the primitive Earth, 
God's own hand has planted a garden here, and all that is 
required of man is, that he should go in and occupy, and 
dress it, and keep it. 

Here, he is not called upon to wage a lifelong battle with 
heavy forests and perplexing brambles, for the land is already 
a rich meadow, decked with flowers, and ready for the plow 
and seed. 

United States Senator Yates, of Illinois, in a speech after 
crossing the plains of Kansas, says, *^ I consider that the vast 
country west of the Mississippi is the valley wherein the great 
achievements of peace are to be wrought. I was totally un- 
prepared to witness such a country as I beheld. 1 will ven- 



Kansas. 28 

ture the assertion that there is no portion of the Earth where, 
during the present decade, the triumphs of peaceful industry 
and the advance of improvement will be more visible and 
marked than in this heaven- favored region west of the Mis- 
sissippi River. Here — here, upon these mighty prairies, agri- 
culture is to have her millenium, and reap harvests such as 
the world never saw before/' 

Hon. Horace Greeley, in a recent letter from Kansas (he 
having passed through Kansas on a westward trip), says that, 
" Settlers are pouring into Eastern Kansas by car loads, 
wagon loads, and horse loads daily, because of the fertility of 
her soil, the geniality of her climate, her admirable diversity 
of prairie and timber, the abundance of her liviog streams, 
and the marvellous facility wherewith Homesteads may here 
he created. 



KANSAS AND HER FRUITS. 

The idea once prevailed among the earlier settlers of Kan- 
sas that fruit could not be profitably raised in the State ; so, 
at first, little was done in this regard. What a wondarful 
revolution has been wrought in a few years ! On Sept. 16, 
1869, the National Pomological Society held its annual 
meeting at Philadelphia, and fruitful Kansas was represented. 
The very idea of presenting Kansas in that exhibition of 
fruits, where the Eastern and Middle States had been per- 
fecting their fruit culture for an hundred years, seemed to 
partake of the audacity of the beardless youth contending for 
the mastery with giants. There was something about it that 
challenged the admiration of some, but the ill-disguised 
laughter of many. Kansas received the great gold medal of 
the Pennsylvania State Horticultural Society, by a unani- 
mous award, for a collection of fruit unsurpassed in size, 
perfection, and flavor. 



24 Homes in the West 

Kansas bore off in triumph the laurels of a high renown. 
The collection of fruit consisted of 200 varieties of apples, 

25 varieties of pears, 19 of the leading varieties of grapes. 
These apples, peaches, grapes, and pears were unimpeachable 
witnesses of the possibilities of Kansas in respect to fruits, 
which were not selected from some one favored locality, but 
from all parts of the State. 



COLLECTION LAWS OF KANSAS. 

The following-named property is exempt from forced sale 
under any process issued by the courts, except process 
obtained by virtue of a lien : A homestead not exceeding 
160 acres of farming land, or one acre in any incorporated 
town or city (no limit to valuation), occupied as a residence 
by the family of the owner; also, the usual household furni- 
ture, not exceeding in value $500 ; farming implements to 
the value of ^300; one yoke of oxen and one horse or mule-, 
or one span of horses or mules ; two cows; ten hogs; twenty 
sheep ; together with food, fuel, or provisions for the main- 
tenance of the stock mentioned and the debtor's family for 
one year; also, the stock or tools used by a mechanic or 
other person, not exceeding $400 in value; and the library, 
implements, and office furniture of any professional man. 

But none of the personal property above-named shall be 
exempt from taxation, attachment, or execution for the wages 
of any clerk, mechanic, laborer, or servant; and the earnings 
of a judgment debtor for his personal services within three 
months, when it is made to appear that such earnings are 
necessary for the u*8 of a family supported wholly or partly 
by his labor. 

Actions to recover real property sold for taxes must be 
brought within two years after recording the tax deed. 

Interest. When no rate is agreed upon, seven per cent. 



Kansas. 25 

is allowed, but parties may lawfully agree upon twelve per 
cent. 

Assignment. Every voluntary assignment of property, 
made by a debtor in trust for his creditors, shall be for the 
benefit of all the creditors of the assignor, in proportion to 
their respective claims. 

Want of space prohibits a more extended account of Kan- 
sas, but I think it will be evident to the most skeptical, that 
this is one of our finest States, and that there is now a rare 
chance for soldiers and others to secure themselves homes 
that should suit the most fastidious. 



NEBRASKA 



ISTEEKASKA. 



Nebraska, the youngest of the '^ Union Family," was 
admitted as a State in February, 1867. 

The growth and prosperity of Nebraska, as a Territory, 
was substantial and rapid, although the eastern counties, and 
more especially those lying along the Missouri Eiver, were 
the only portions where settlements to any extent had been 
made. But, within the last two yearS; the great Pacific Rail- 
road has been built entirely across Nebraska, from the east- 
ern side to the boundary along the fertile valley of the Platte 
River, and opening up to the settler some of the most pro- 
ductive bottom land west of the Mississippi. 

Nebraska extends from the Missouri westward to the 
Rocky Mountains, with an extreme length of 412 miles, 
decreasing to 310 miles on the southern border, its extreme 
width being 208 miles, diminishing to 138 miles on the west. 
Its area is 75,995 square miles, or 48,636,800 acres. The 
population of Nebraska, in 1864, was 288,411. The inviting 
features of the country have stimulated emigration to such 
an extent that, in 1867, the State was admitted into the 
Union, having obtained the requisite number of inhabitants. 

Its location is such as to command especial attention of 
emigrants. 

Soil. — The soil of the eastern portion is exceedingly fer- 
tile, the prairies are covered with a heavy sod, the matted 
growth of ages of vegetation, several teams of oxen being 



80 Homes in the West. 

required to break it ; the subsequent tillage is comparatively 
easy, the ground being rendered light and mellow. 

Along the rivers are groves of oak, walnut, cottonwood, 
hickory, and willow. Very dense forests of cottonwood grow 
along the Missouri E-iver, above the mouth of the Platte. 

The climate is milder than in the Eastern States within 
the same parallels of latitude ; the summer is of high tem- 
perature, but the sultriness is alleviated by cool, refreshing 
winds blowing over the prairies. The trade of Nebraska is 
in its infancy. Its facilities, natural and artificial, must soon 
develop an immense volume of domestic commerce. 

Nebraska City, on the Missouri, is a well built town, in the 
centre of an extensive domestic commerce, requiring trans- 
portation amounting to 13,337,734 pounds in 1864, and 
employing 1,792 men, 1,410 mules, 13,808 oxen, and 1,587 
wagons, the total expense of which was $2,184,037. & The 
population of the town is estimated at 8,000. 

Omaha City, the Capitol, is located upon high, undulating 
ground, between the Missouri River and the posterior bluffs, 
commanding a very fine view. Limestone, for building pur- 
poses, is found in great quantities in the neighborhood of 
the city. This city is the eastern terminus of the northern 
branch of the Pacific Railroad, which gives it an immense 
importance as a commercial point, and is enlarging its wealth 
and population at a very remarkable rate. Its population in 
1865, was 4,500, and is now estimated at over 12,000. 

In the State, the public lands remaining undisposed of are 
equal to about forty-two millions of acres. Richardson 
county is one of the finest counties in the State; it lies in the 
south-eastern corner of the State and borders on the Mis- 
souri River, and forms the type of fertility of soil and climate, 
and being located near the 40th parallel, the'climate seems to 
favor the cultivation of all the hardy fruits^and cereals. The 
Burface is more rugged than many of the interior counties, 



Nebraska. 81 

partly on account of the extreme thickness of the superficial 
deposit of soft yellow marl, and the numerous layers of lime- 
stone which crop out along the river banks. The country is 
fully watered with ever-flowing streams, and innumerable 
springs of the purest water. 

Common wild prairie grass, blue joint, buffalo grass, red 
top, and wild timothy, with some white clover, supply the 
pastures of Nebraska. Kentucky blue grass and clover do 
well wherever cultivated, but the prairies are chiefly relied 
upon for the subsistence of stock during the pasturing season, 
which is reported to range from five to nine months in 
length. 



MISSOUEI 



2* 



MI8S0UEI 



HER POPULATION, EESOURCES, &c., &c. 

Missouri has an area of 67,380 square miles, or nearly 
forty-four millions of acres, and a population of 1,750,000. 

In agricultural capabilities, mineral riches — in geograph- 
ical position and climate— in the production of fruit, cereals, 
as well as cattle, sheep, and hogs, Missouri is to stand among 
the very foremost of the great States. Missouri is in the 
centre of the Union ; situated midway between the extreme 
North and South, secure from the extremes of heat and cold, 
with the fair and mighty city of St. Louis opening her east- 
ern gates to the incoming tide of emigration, to pour forth 
upon the broad plains lying west of the Mississippi, — Mis- 
souri cannot escape her destiny of greatness. 

Great in extent of territory, great in her natural resources, 
great in her geographical position, with migbty rivers sweep- 
ing along her eastern borders or crossing her prairies, great 
in population, she will become the leading State west of the 
Mississippi, like New York and Pennsylvania, on the Atlan. 
tic, or Ohio and Indiana, in the Middle States — Missouri needs 
nothing but men and women to create and constitute an em- 
pire. 

St. Louis, one of the principal cities, is solid, substantial, 
and withal a beautiful city ; it has a population, in its imme- 
diate and dependent suburbs, which will soon be within its 
corporate limits, ©f more than 300,000 inhabitants. 



S6 Homes in the West. 

It is laid out regularly, in blocks of some three hundred feet 
square, and while the business portion of the city is rendered 
uninviting by its narrow streets, which are constantly choked 
up with teams and drays, making them hardly more passable 
than Broadway in New York, the upper portions of the city 
are equally distinguished for spacious streets, fine blocks and 
elegant residences, with lines of pleasant shade trees that 
shield the passer from the summer sun. Its admirable busi- 
ness location and easy relations with the rich and growing 
South, with an immense territory of very productive char- 
acter for a thousand miles west, whose trade is at her com- 
mand, renders St. Louis secure in the future, and will make 
it the largest inland city on the continent. 

It is beautifully situated on the west bank of the Father 
of Waters, on the main trunk line between the Atlantic and 
the Pacific — in the heart of the great Mississippi Valley. It 
is twenty miles below the mouth of the Missouri ; 800 miles 
south of St. Paul ; a thousand miles from New Orleans ; 340 
from Cincinnati; 280 from Chicago; and nearer Omaha than 
Chicago. It is nearly due west from Washington, the present 
capitol of the country. It is 400 feet above the level of the 
sea. Fifteen hundred miles in any direction from St, Louis 
places one near the boundaries of the United States. 

Missouri is the geographical centre of the Union. The 
centre of population is every year approaching St. Louis, 
and is now west of Cincinnati. 

The growth of St. Louis, from a small trading town of a 
few thousand inhabitants, within the memory of men still in 
active life, to an immense city of 300,000 people, is one of 
1 he marvels that could be accomplished nowhere in the world 
but here in the West. 

Here are miles and miles of continuous blocks of solid 
brick and stone structures that are built to stand. 

The hospitality of St. Louis is as proverbial as the gener 
osity and high reputation of her merchants. 



Missouri. 37 

The schools are admirable, combining all that is best in the 
system of instruction in the eastern cities with aid and cul- 
ture imported from German universities. As thorough a 
classic culture can be obtained at Washington University, in 
the city of St. Louis, as anywhere on the continent. 

A bridge to cross the Mississippi at this pointy constructed 
of steel, is now rapidly building. 

In the grand rivalry for commercial power and population 
among the great centres of the West, no other city has a 
fairer chance to take the lead than St. Louis. And when 
the nation seeks for a permanent place to locate and fix its 
capitol for all time to come, the grand central position of St. 
Louis and Missouri will decide the question of location, 

St. Louis is cosmopolitan. There are at least fourteen 
diiferent languages spoken in the city. Hardly a town in the 
Eastern States but is represented by some wide-awake resi- 
dent of St. Louis. What makes our western cities so vital 
and progressive is this energetic and progressive emigration 
from other States, of those who are too intelligent to accept 
the contracted routine of older States, and who come here, 
and in a few years establish a splendid business or carve out 
a fortune for themselves. 

The tables of mortality, made up by the Board of Health, 
exhibit the fact that there are fewer deaths to a thousand in 
St- Louis than in most of the large cities of the Union. 

Everything conspires to make it a great commercial me- 
tropolis, but it will be a vast manufacturing city also. The 
great accumulation of mineral wealth at its doors, especially 
coal, lead, and iron, will render it one of the greatest manu- 
facturing places on the continent. Indeed, St. Louis com- 
bines the three necessary elements of greatness ; an agricul- 
tural region unsurpassed in fertility, and remarkable advan- 
tages for manufacturing, in addition to its commerce. By 
its river transportation and its railroad system, it will receive 



88 Homes in the West. 

and distribute through a vast area the productions of agri- 
culture and the manufactures of her artisans, while the rich 
commerce of the round world will sweep in from San Fran- 
cisco and Asia on the one side, from New Orleans, New York, 
and Europe on the other. 



GO TO MISSOURI. 

1st. Because it lies in the belt of country most favored in 
soil, climate, and agricultural productions. You can raise 
all the great staples there, and produce fine fruits, delicious 
grapes, costly wines, the golden sorghum syrup, cotton and 
corn, tobacco and hemp, winter wheat, and all other cereals. 

2d. Go to Missouri — because lands producing these 
things you can have cheap, and near markets. This is the 
great opportunity for the young and enterprising, or any who 
have but little n:eans and wish to better their fortunes. 

3d. Why go to Missouri ? Because it is unnecessary to 
manure the land in the spring at a cost equal to one-half the 
value of the crops obtained in the fall, 

4th. Because it is a superior stock-raising country. In 
the Northern States, it costs much to winter cattle six or 
eight months of the year. There, the climate is so mild that 
it costs but little. On the great open prairies you can herd 
or pasture your cattle about ten months in the year, with but 
little expense or trouble. Nowhere else in the United States 
can stock be raised so profitably and so near to railroads, 
rivers, and markets. 

If you are rich, go to Missouri with your capital ; it is 
needed there, and you can double it by investment. 

If you are poor, go, and your industry, skill, and energy 
shall coin you competence, if not wealth. Unless you have 
all you want in the world where you are, go to Missouri 
and get it. 



Missouri, 39 



SHORT STORIES ABOUT MIS^SOURI. 

Missouri is as healthy as any State in the Union. The 
mineral wealth of Missouri would pay the National debt. 
Missouri invites the enterprising of all nations to come. She 
will make others rich while enriching herself. Many a lifer- 
time has been worn out in making a farm in the Eastern 
States, in clearing timber and working around the old stumps. 
There you can purchase the beautiful, rollings lawn-like prai- 
rie^ fitted for the production of every agricultural product, 
and only needing to be fenced, for very small prices, com- 
pared with the cost of land east of the Mississippi river. 

The disfranchised are now enfranchised. All are equal 
before the law. Peace and good will prevail throughout 
the State. 

Improvements are pressed forward at a rapid rate. 

Railroads everywhere are opening up the country to the 
emigrant and the commerce of the world. 

Ihe whole State is impulsive with a fresh and vigorous 
life. 

Millions of dollars are consecrated to the education of the 
children. 

The spires of Christian churches, of every name and de- 
nomination, are rising on her prairies and meeting the morn- 
ing sunlight in her valleys. 

The generous soil yields a bountiful harvest every year. 

Wise and progressive legislation guarantees the prosperity 
of all her people. 

The debt ot Missouri is being rapidly paid. The taxes 
are growing less and less every year, on account of the great 
annual increase in valuation. 

Her railroads are branching out in every direction. The 
annual increase of the population of Missouri is 200,000. 



40 Homes in the West. 

One hundred thousand by emigration, and will soon he half 
a million annually, 

When her mineral resources are developed, she will have 
iron, lead, and coal enough to supply the world. 

Go to Missouri, and grow up with the civilization and 
power that will signalize it as the Empire State of the West. 

PRICE OF LANDS IN MISSOUEI. 

Near towns, of course, farming lands are high, but not so 
high as in States east of the Mississippi. But good lands 
can still be bought in Missouri at almost government price, 
but generally average, if unimproved, from $5 to $15 an 
acre. 

GRAPE GROWING. 

Missouri lies in the great natural fruit-growing belt of 
country, and produces not only the best kinds of apples, 
peaches, and pears, but also the finest qualities of wine, 
which command the highest prices in St. Louis and New 
York. 

Some of the vineyards on the Missouri river, at Hermann, 
which is on the line of the PACIFIC RAILROAD OF 
MISSOURI and other places, have paid from five hundred 
to two thousand dollars to the acre. No man can invest a 
few thousand or a few hundred dollars better than in grow- 
ing a vineyard in this natural grape-growing region of Mis- 
souri. We call it the natural grape-growing country, for we 
have seen grape stocks six inches in diameter on the Mis- 
souri bottoms. Her wines have recently been spoken of and 
tested in England, with admiration. 

Along the line of the PACIFIC RAILROAD OF MIS- 
SOURI, and on the Missouri river, near by, are the finest 
locations on the continent for grape-growing. 



Mitsourt. 41 



WOOL GROWING 



Missouri yields the^^ palm to no State in respect to sheep- 
raising. Its advantages are so great in comparison with more 
northern States, that they attract the attention of the wool- 
growing interest all over the North. The mildness of the 
climate, the early, sunny spring, the little feed necessary, 
give Missouri an advantage that Iowa, Minnesota, Wisconsin, 
and Michigan do not possess. 

With equal flocks, and equal management and care, sheep- 
raising^is fifty per cent, more profitable in Missouri than in 
more northern latitudes. There is no other business that 
pays better. The diseases incident to sheep in more severe 
climates, with long winters, fierce storms, and deep snow, are 
not known in Missouri. Wool growing can not be overdone. 
There is no business or production, so secure in result, so 
certain to pay generous profits as this. 

There is good public land now open for homestead settlers 
in the counties of Crajvford, Phelps, Pulaski, Camden, Ben- 
ton, Hickory, St. Clair, Cedar, Polk, and Dallas ; these lands 
comprise timber and prairie mixed, are well watered, and 
new railroads are being built in different directions. 



IOWA. 



IOWA 



Iowa occupies nearly a central position between the two 
oceans, on parallels of latitude which run through the lower 
New England States, portions of New York and Pennsyl- 
vania^ and the northern halves of Ohio, Illinois, and Indiana. 
Minnesota bounds it on the north and Missouri on the south; 
the Mississippi and Missouri rivers form its eastern and 
western boundaries, and their innumerable tributaries, many 
of them navigable, traverse the State in every direction. 

The most distinguishing features of Iowa are its admir- 
ably diversified prairies, which cover at least three-fourths 
of the State. 

These natural meadows, covered with nature's grasses, 
stretch out in a series of graceful undulations, like the swell 
of the sea, and in the season of flowers are clothed with a 
brilliant vesture of honeysuckles, jessamines, and violets; 
fragrant fringes of hazel or willow indicate the course of 
clear, winding brooks, hastening to swell the tide of larger 
streams, whose grove-belted margins can be traced until the 
green foliage seems to mingle with land and sky, and soften 
into hazy blue It has been said of Iowa, that the monotony 
of its very beauty and fertility becomes tiresome. While 
there are no mountains in Iowa, portions of its northern sur- 
face arc hilly and rugged, — abounding in lakes, and rapid 
rivers tumbling over rocky ledges. This section of Iowa is 
not so well timbered as farther south, and is better adapted 
to grazing than tillage, although possessing fragrant valleys 



46 Homes in the West. 

and stretches of rolling prairie, unsurpassed for beauty and 
fertility by any portion of the State. 

Iowa has a length from east to west of 300 miles and a 
breadth of 208 ; its area embraces 55,045 square miles, equal 
to 35,228,800 acres ; there are yet to be disposed of in this 
State between 2,000,000 and 3,000,000 acres of public land. 

Iowa owes its prosperity mainly to its agricultural re- 
sources and advantages ; prairie farms are easily and cheaply 
opened, and are more quickly made profitable than forest 
lands, which must first be cleared. Compared to the lifetime 
of labor it takes to open a farm in the woods, the facility 
with which one can be established on the prairie is most 
striking and gratifying to the settler, and as sufficient timber 
for all ordinary purposes is generally within reasonable dis- 
tance, the comparative absence of forests is not so important 
as it otherwise would be ; and artificial groves of that useful 
and ornamental tree the locust, can be easily and quickly 
raised ; nothing can exceed the beauty of a prairie cottage 
surrounded by its grove of locust, and wherever met with, 
it marks the abode of taste and comfort. 

Emigrants are quick to perceive these advantages, and the 
vast area of high, rolling, and easy tilled prairies of Iowa has 
already attracted thither more than a million of inhabitants, 
who are noted for intelligence, industry, and patriotism. In 
other respects, also, Iowa is unfolding herself and revealing 
her bounties, to those who have the energy to secure them; 
the raising of live stock is an important interest, and has re- 
ceived much attention. 

It is estimated that the area of the coal fields of Iowa can 
not be less than 20,000 square miles; these large deposits, in 
conjunction with the abundant water power aff'orded by her 
numerous and unfailing streams, must, under the necessities 
of an advancing civilization, make Iowa prominent as a man- 
ufacturing State. Already this branch of industry has at- 
tracted a large amount of capital and skilled labor. 



Iowa. 47 



CLIMATE, HEALTH, &c. 

The climate is one of the most delightful in nature ; the 
spring usually commences in March^ and by the middle of 
April the prairies are green, with mild, beautiful weather ; 
in May all the face of nature is covered with flowers, and 
the foliage of the prairies bends before the breeze like the 
waves of an enchanted lake. 

High, dry, salubrious, and rolling, with most excellent 
water, consumption was never known to seize a victim here. 
The fact that there are over two million acres of government 
land in North-western Iowa waiting for settlers to accept as 
a gift, looks strange. When so many are going so much far- 
ther to fare so much worse — people will follow navigable 
streams, railroads, or old emigrant routes; the Mississippi 
river leads to Wisconsin and Minnesota ; the Missouri to 
Dakota and Montana, and the old California route passes to 
the south of this region ; railroads have been chartered and 
endowed with land grants and are now being built. 

The following is about the average price of land: In Green 
county, unimproved farming lands are worth from $4 to $8 
per acre, improved are worth $25 to $40 per acre ; the soil is 
a dark vegetable mould, varying in depth from two to four 
feet. The climate mild and healthy; there is no better 
county in the West for raising stock. 

In ' Madison county, improved farm lands are worth from 
$15 to $40 per acre, raw prairie $5 to $12 per acre ; labor 
from $1.50 to $2 per day, mechanical labor from $2.50 to $5; 
masons, bricklayers, and stone cutters are most needed. 

In Buchanan county, the price of land ranges from $5 to 
$25 per acre, owing entirely to the location; good homes can 
be secured within one mile of church and school privileges 
for from $5 to $10 per acre. 



48 Home?i in the West. 

Mills county. — This is generally conceded to be one of the 
best counties in the State, in the character of its soil and its 
general advantages for agricultural purposes. It is making 
rapid progress in wealth and population. A larger area of 
the land has this year been brought into cultivation than in 
any four years heretofore. Farms are being opened, build- 
ings erected, and orchards planted in all parts of the county. 

It contains already many independent farmers who have 

amassed fortunes from the products of its generous soil. 
* * t- * * * -^ -^ -^ 

It, as a whole, is well supplied with timber; it is estimated 
that over one-tenth of the surface is covered with timber. 
The principal varieties are burr oak, pin oak, black walnut, 
hickory, white ash, red elm, white elm, hackberry, mulberry, 
maple, lime, and cottonwood. 

There are many steam saw-mills engaged along the rivers, 
sawing lumber almost exclusively from the cottonwood. The 
bluff contiguous to the river bottom affords a large quantity of 
hard wood, while on Keg creek, above and below Glenwood, 
are many fine groves. ;i: * * * 

Want of space prevents a more general description of this 
State, but a sufficient description has been given to enable the 
reader to form an idea of its agricultural advantages and 
resources. 



MINNESOTA. 



MINNESOTA 



Contains an area of 83,531 square miles, or 53,459,840 acres, 
lof which 25,095,385 have been surveyed and 28,364,455 
remain unsurveyed; 18,727,808 have been disposed of and 
34,732,032 acres yet remain open to settlement. 

The development of Minnesota has been unprecedented ; 
in 1850 there was only an area of 1,900 acres under cultiva- 
tion, and in 1868 there were 1,387,470 acres. 

The State is being rapidly furnished with railroads in every 
direction, presenting facilities for the transportation of every 
article to and from settlers, and forming a network of com- 
munication that will speedily develop the ample resources of 
Minnesota. 

In Minnesota are found neither the illimitable prairies 
which distinguish Illinois, nor the vast impenetrable forests 
of Indiana and Ohio in which the settler finds it so difficult 
to carve himself a home, but a charming alternation of woods 
and prairie, upland and meadow, characterizes the topography 
of this State. 

Of paramount importance to the emigrant, is the health- 
fulness of the locality which is to be the scene of his future 
labors and the home for himself and family. What to him 
are fair fields, floweriog meadows, buried in the luxuriant 
growth of fertile soils and tropical suns, if they generate 
fever-producing miasma and vapor ? 

But it is well known that Minnesota is unrivalled by any 
State in the Union for healthfulness, it being the resort of 
invalids from all parts of the United States, especially in 



52 Homes in the West 

cases of incipient consumption, confirmed dyspepsia, and 
bronchial and rheumatic affections. 

The climate of Minnesota has often been the subject of 
unjust disparagement: "It is too far north/' *' The winters 
are intolerable," "Corn will not ripen," "Fruit will not 
grow." These and other similar remarks have found ex- 
pression by those who should have known better. To the 
old settler of Minnesota the seasons follow each other in 
pleasing succession. 

As the sun approaches his northern altitude, winter re-'^ 
leases his grasp, streams and lakes are unbound, flowers 
spring up as if by the touch of some magic wand, and grad- 
ually spring is merged into the bright, beautiful June, with 
its long, warm days and short, but cool and refreshing nights. 
The harvest months follow in their succession, till the golden 
Indian summer of early November foretells the approach of 
cold and snow; and again winter, with its short days of clear 
bright sky and bracing air, and its long nights of cloudless 
beauty, completes the circle. 

The dryness of the air, the character of the soil, which 
retains no stagnant pools to send forth poisonous exhalations, 
the universal purity of its waters, the beauty of its scenery, 
and the almost total absence of fog or mist, the brilliancy of 
its sunlight, the pleasing succession of the seasons, all con- 
spire to give Minnesota a climate of unrivalled salubrity. 

SOIL. 

The soil of Minnesota is of extraordinary fertility, and is 
especially adapted to wheat culture; also oats, barley, rye, 
corn, &c. 

RAILROAD LANDS. 

The several railroad companies of this State offer large 
bodi'vs of lands lying along the routes of their roads ; the 



53 

facilities for transportation of farm products thus afforded 
rendering such lands very desirable. 

PRIVATE LANDS. 

Unimproved lands in the hands of private owners, acces- 
sibly situated among settlements, and frequently situated 
within five or eight miles of large towns, which afford good 
markets for vegetables, dairy products, &c., can be purchased 
at from $4 to $15 per acre, partially upon credit. Lands of 
fair quality are offered at $5 to $20 per acre, within ten 
miles of St. Paul, a city of 19,000 inhabitants, where high 
city prices are eagerly paid for all g'rden and dairy products, 
and where manure for enriching second-rate land is gladly 
given to farmers who will haul it away; similar opportunities 
are presented in the vicinity of other large and growing 
towns. 

MANNER AND COST OF STAK TING FARMS. 

A settler can take a homestead embracing portions both of 
woodland and prairie, and by working at wages for six 
months belore occupying it. earn a little money for a start^ 
and then by tact and industry can gradually carve himself a 
home with scarcely an appreciable outlay of actual cash. An 
expenditure of ^40 for sash, doors, &c , will complete a cabin 
in which a family may be sheltered comfortably. If sufii- 
cient timber grows upon the land, fencing and sheds may be 
constructed by the farmer's own hands, which will answer a 
good temporary purpose. 

The abundance of unoccupied land affords a wide range of 
free pasturage for his stock, which relieves him from the ne- 
cessity of division fences. Posts planted firmly in the 
ground, with forked ends upward for the reception of strong 
beams upon which cross poles are laid, and then threshed 



54 1 Homes in the West, 

straw stacked thereon, affords good shelter for stock — mucli 
better in our cold dry wioters than in the sloppy, murky, 
and chilly winters further south. 



WHEN TO COMMENCE. 

To the man of means any portion of the year is favorable 
for coming to Minnesota. But to the mechanic or laborer and 
especially the poor man who expects his support from the 
soil, the value of time is an important consideration. As a 
rule, the fall is the worst time for the two last named to 
come, while early spring is probably the best for all. 

If the emigrant reaches his land by the middle of June, 
he is too late to produce most crops the same season, but he 
is yet in time for corn, potatoes, and turnips. 

For the first, let him turn over the virgin soil, chop holes 
therein with an axe and drop in the seed, which, if the sea- 
son be favorable, especially a wet one, will produce a toler- 
able crop. The second may be dropped into the furrow and 
covered by the plow with the tough sod, and will grow 
through it, while turnip seed may be sown on the freshly 
turned sod and very slightly covered. | 

June is the best month for breaking wild land, especially 
prairie — while the breaking season should not begin earlier 
than the middle of May nor be prolonged beyond the first 
of August. A particular stage of vegetation of the over- 
turned sod is necessary for its rapid decay; and frequently 
more harm than good results to the land which is first unsea- 
sonably plowed. 

WHAT PLUCK AND MUSCLE MAY DO. 

Grreat as are the unquestionable advantages which a union 
of money and industry possesses here, as elsewhere, there is 



Minnesota, 55 

no land under the sun wliere unaided muscle, with a plucky 
purpose, reaps greater reward than under the bright skies 
and helpful atmosphere of this fair land. 

Feeling himself every inch a man as he gazes upon the 
unclaimed acres which shall reward his toil, the settler 
breathes a freer air, his bosom swells with a prouder pur- 
pose, and his strong arms achieve unwonted results. Minne- 
sota is emphatically the place for men whose capital consists 
of brawny arms and brave hearts. Any man possessing 
these, may do as thousands who have little else annually do 
in this State — select a homestead in some one of the many 
beautiful and fertile regions into which railroads are rapidly 
penetrating, after which, being allowed six months before 
settling on the land, he may work upon the railroad or upon 
a neighboring farm, and earn enough money to make a start 
as his own master in a small way, and by the time he pro- 
duces a surplus, the railroad is at his door to take it to mar- 
ket — he finds himself not a lone settler, encountering the 
hardships of a frontier life, but in daily communication with 
the busy world, and the proud possessor of a valuable farm 
which has cost him little but the sweat of his brow. 



EXAMPLES OF SUCCESSFUL FARMING. 

Let a few cases be cited as to what has been accomplished 
by different classes of settlers. 

A capitalist, a lawyer by profession, failing in health, en- 
gaged in farming on a large scale, using money to improve 
and conduct operations in the best manner, realized these 
results : On three farms of 2,000 acres, 1,700 were in wheat. 
His yield in 1867 was 35,700 bushels, gross price $53,550, 
profits $14,500; 1868, yield 39,000 bushels, net profit $20,- 
400. His profits would have been larger, except for the ex- 
tremely high prices which ruled in 1866 — seed wheat cost- 



56 Homes in the West. 

ing S2.50 per bushel, with corresponding disbuisements for 
first breaking and other expenses. These expenses include 
interest on the capital employed in land, stock, implements, 
&c. The original cost of the land averaged about $12 per 
acre; so that, after allowing amply for the expenses ofbuild- 
ing, fencing, and other improvements, the net profits on two 
years' crops were more than sufficient to cover the whole, 
while the market value of the land and improvements is to- 
day nearly or quite three times their first cost. 

A Swede, who settled first in Illinois, and there caught 
the "chills and fever," after losing much time and money in 
the vain effort to recover his heaUh, came to Minnesota lean, 
depressed, and poor, with a remnant of $2.50 as his fortune 
to start anew. He worked among the farmers until he had 
saved enough to purchase a span of horses and a few imple- 
ments, and then purchased 120 acres of land at $12 per acre, 
paying in hand a merely nominal sum, and agreeing to pay 
the balance in three annual installments, with 7 per cent, 
interest, the first payment to be made when he should have 
obtained his first crop from the land. He sowed his entire 
farm in wheat, which produced 20 bushels per acre, making 
an aggregate of 2,400 bushels, which he sold at $2.50 per 
bushel, or a total of $6,000, paying for the land four times 
over with a single crop; and after paying for land, expenses, 
and improvements, leaving a clear balance of $3,000. He 
then sold his farm for $27 per acre, or a total of $3,240, 
which, added to his not profits, gave him the sum of $6,240, 
with which he started anew by taking a homestead, for which 
he paid — nothing ! Of course, in this case, the extraordinary 
profit was greatly the result of the exceptionally high price 
of wheat; but it is obvious that with one-third such price — 
the expenses being also less — there would be a handsome 
margin of profit, while there are continually recurring chances 
of sudden high prices which afford brilliant results. 



Minnesota. 57 

A shrewd, cautious emigrant from an Eastern State came 
to Minnesota in 1856 with little means, and averring that he 
was ''not edicated, nor smart enough to git rich by tradin' in 
corner lots/' which was the vocation then generally pursued, 
concluded he would feed those who were thus engaged, and 
so quietly took up a government 80 at $1.25 per acre, ten 
miles from St. Paul, and commenced raising vegetables, but- 
ter, cheese, &c., for which he realized New York prices in St. 
Paul ; and when the rich speculators went down he relieved 
their necessities by purchasing their property for a song; and 
he IS to-day one of the solidest men in the State — out of 
debt, with money at interest, and living generously on a farm 
of 640 acres, splendidly improved and stocked with jQne cat- 
tle and blooded horses. 

An ambitious farmer from Maine came to Minnesota at an 
early day, having little capital beyond that of an active brain 
and skillful hands. Captivated with the appearance of our 
smooth rich prairies, contrasted with the bleak hills he had left 
in Maine, he committed the common mistake of buying too 
much land, by which he kept himself poor and embarrassed 
through many weary years of struggle. But by persistent effort 
and the wonderful aid of labor-saving machinery, he managed 
to obtain each year larger margins of profit, until, finally, a lucky 
year of high prices made his fortune, whereupon he rented 
his farm for a third of the crop, upon which he lives at his 
ease on $4,000 a year. 

A Mr. William Buck settled in Mower county in 1856. 
He had sufficient means to purchase 480 acres of land at 
government price, upon which he went to work. His labor 
was reasonably rewarded. After seven years of hard toil 
and economical living, he began the erection of a handsome 
residence, which he finished in 1864. His barn will accom- 
modate 160 head of horses and cattle, 225 tons of hay, and 
the bins will hold 10,000 bushels of grain. The upper floors 
3* 



58 Homes in the West 

are laid witli two-inch plank. Mr. Buck last year sold S6,000 
worth of stock, and has now on hand some 50 head of horses 
and forty head of cattle. He has under plough 220 acres, 
besides 120 acres in timothy grass. 

Mr. Andrew Barlow settled in Freeborn county, in Octo- 
ber, thirteen years ago. He was compelled to leave his 
family in New York for want of means to bear their expen- 
ses to Minnesota, and only reached here himself by stopping 
at times on the way to earn money. By industry and econ- 
omy he accumulated enough during the first winter to send 
for his family in the following spring. He is now the owner 
of an excellent farm of 320 acres, with full equipment, in- 
cluding a house worth $800 and a bain worth ?fl,00O, with 
a partial ownership in a threshing machine. 

An emigrant from Michigan settled first in Dakota Co., 
and after considerable hardship sold his claim for only $100. 
Feeling considerably discouraged, he was tempted to return 
to Michigan, where he was offered land to rent on very favor- 
able terms by a relative ; but he finally decided to make a new 
trial here, and with his meagre $100 and a wagon, plough, 
and one ox, with a family of five children, and winter con- 
fronting him, pushed for the extreme frontier, made a '^claim" 
and commenced to work. He is now independent, owning 
a farm, for which he could take $5,000, besides ample stores, 
stock, and utensils 

Frederick Hildebrand writes Kobertson^s Monthly his ex- 
perience with a 27 acre farm near St. Paul, which he pur- 
chased over two years ago, in a wild state. He had been a 
mechanic in the city, knew nothing of farming, but went 
into it as the only escape from early death. He says : *' I 
have farmed this land two years — only part in cultivation. 
It pays. Here is the result for the first year : First, we have 
had our living, except clothing and groceries, from the farm. 
We sold butter to customers, to the amount of $769.60. 



Minnesota. 50 

This was the product of eight to nine cows. We sold eggs 
and chickens for $176, and pork and garden stuff for $330 ; 
making in all $1,269 cash income ; and paid out in expenses 
for the help of a man on the farm and a girl in the house, 
about $300. Myself and wife, both being in poor health, 
have not done much work — and no hard work. We have 
depended almost entirely upon hired help, but I have always 
looked closely after my business and directed the work.'' 

A Minnesota farmer writing to the Hearth and Home, says: 
"A man rented 160 acres of newly broken prairie land near 
me last spring, and got but one-half the crop ; but with that 
he paid $2,000 for the land, and now owns a farm upon 
which $4,000 worth of grain was raised this year (1868), 
with wheat at but a little over $1 per busheL 



WAGES. 

Stone masons and plasterers, $4 to $5 per day; carpenters, 
$2.75 to $3.50; blacksmiths, $2 to $3; day laborers, $1,50 
to S2.00; laborers on railroads, $1.50 to $2.00; farm hands, 
$15 to $25 per month ; teamsters, $30 to $60 ; choppers, 
$35 to $40; wages on lumber rafts, $30 to $40; clerks in 
stores, from $600 to $1,500 per annum. 



EMPLOYMENT. 

For persons having fixed, definite occupations — ^for trades- 
men, artisans, and persons skilled in mechanical work of all 
kinds, especially for those with the inclination and strength 
for agricultural labor, there is nearly always an active de- 
mand in Minnesota. For persons with that indeterminate 
notion of work which is limited to the idea of ''situations" 
there is little demand any whence. 



60 Homes in the West. 

WHO SHOULD COME TO MINNESOTA. 

Young people of either sex, however poor in cash, if ricli 
in courage, hope, and strength, may be encouraged to come to 
Minnesota at all times. It may not be advisable for those 
advanced in years, or those who are well and comfortably 
settled in old and well established communities to incur the 
hazards incident to a removal to a new country. And it 
should be further understood that the wholly destitute will 
encounter at first greater hardships here than those they seek 
to escape. Northern countries are usually more prosperous 
than those of languid climates, largely because of the greater 
stimulus the energies receive in guarding against hunger and 
want; for which reason it is of course more difficult for the 
feeble and destitute to fiad maintenance; but to the thou- 
sands in the older States and in foreign countries, whose only 
resource is the labor of their hands, who, on looking around, 
see every avenue to manly independence thronged by jostling 
multitudes, and the only alternative left them emigration or 
dependent labor ; to all such we offer the testimony of an 
English writer : " Minnesota affords the finest and most in- 
viting field for emigration in the world.'' The State needs 
an actual settler upon each quarter section of her millions of 
unoccupied lands, to give beneficent action to the idle rich- 
ness slumbering in the black soil. 

A great Eiiglish writer has said : " Formerly the richest, 
countries were those in which the products of nature were 
the most abundant, but now the richest countries are those 
in which man is the most active.'' In Minnesota we may 
justly claim that both essentials are found in full measure. 
The bountiful soil ensures the first, and the bracing atmos- 
phere the second. Moreover, thanks to the beneficent wis- 
dom of that generous legislation which finds no parallel in the 
history of human enactments, every man is there given a 



Minnesota. 61 

farm upon the simple condition of laboring five yeara in his 
own service. 

The world's plaudits have too long been for men and nations 
whoso power was evinced in devastation. The law of might 
partitioned the spoil among the conquerors. It is #he glory 
of America that she acquires territory by purchase, and 
distributes it among the landless of all nations. In Minne- 
sota is found the fairest domain upon which the blessings of 
this new dispensation receive practical exemplification. A 
cordial welcome is extended to all to go and partake of the 
national bounty; and when, with all the advantages with 
which lavish nature has endowed our State, it is considered 
that there also may be possessed the perfect health requisite 
for their highest enjo}ment, it is not too much to claim that 
Minnesota presents unequalled inducements to those in search 
of new homes. 



■WISCONSIN. 



wisco:n"8ik 



Wisconsin was organized as a Territory in 1836, and ad- 
mi'tcd as a State in 1848. Its population in 1860 was 775,- 
881, which has increased to more than a million at the 
pnsent time. The State lies between Lake Michigan and 
the Mississippi River, and extends from the State of Illinois 
on the south, to Lake Superior on the north. 

Wisconsin has an area of 53,924 square miles, or 31,511,- 
300 acres, of which over 9,000,000 acres are yet unsold, and 
open to the settler. 

There are no mountains or even high hills in Wisconsin. 
Its whole surface is a vast rolling plain, elevated from 500 
to 1500 feet above the ocean, sloping down to the lakes, or 
to the streams which drain it. At Portage City, the Wis- 
consin River, emptying into the Mississippi, and the Fox 
River flowing into Green Bay, approach so nearly, that 
their waters commingle. They are joined by a short canal. 

The surface of Lake Michigan is lower than any portion of 
the State, being 578 feet above the sea ; and the numerous 
streams which flow into it are so abrupt in their descent, and 
so full of rapids as to render them unnavigable, but they pre- 
sent admirable facilities for manu%cturing. The descent of 
Fox River from Lake Winebago to Green Bay, is 170 feet, 
aff"ording a succession of the most invaluable water powers 
in the West. 

The Mississippi River flows for 200 miles aloDg the west- 
ern border of the State, — and streams innumerable, both 



66 Homes in the West. 

large and small, water nearly its whole surface^ and beauti- 
fully diversify its scenery. The State possesses many char- 
acteristics in common with Minnesota, which forms the larger 
portion of its western boundary. 

Like Minnesota, Wisconsin abounds in lakes, especially in 
its central and northern portions. They are the most numer- 
ous around the sources of the St. Croix and Chippewa rivers. 
In this region the surface is crowded with them. They are 
from one to twenty miles in extent, and form, in their pic- 
turesque loveliness, one of the most charming and attractive 
features of the State. 

They also contribute to render portions of the State a par- 
adise for the fisherman and the hunter, — their deep and 
placid waters being filled with trout, pickerel, perch, &c., 
and at some seasons of the year, almost literally covered with 
geese and ducks of great variety, and other water-fowl, which 
subsist upon a kind of wild rice that grows abundantly in the 
shallow waters, at the margin of the lakes. 

The climate of Wisconsin is cold, but agreeable. The 
eastern tier of counties is considerably moderated, both in 
the cold of winter and the heat of summer, by the waters of 
Lake Michigan. 

It is stated that the average temperature upon its shores 
is six and a half degrees Fahrenheit, warmer than at corres- 
ponding points on the Mississippi. The southern portion of 
Lake Michigan never freezes over in winter, but is filled 
with vast fields of drifting ice, which impede navigation. 
The harbor of Milwaukee rarely remains closed more than 
about three months of the year. 

Frosts in the northern parts of the State are always pre- 
ceded by snow, which covers vegetation, and preserves it 
from injury. In the southern section, some winters pass 
with very little snow, but it frequently covers the ground to 
the depth of 12 to 18 inches, especially in the interior, in 
districts remote from the lake. 



Wisconsin, 67 

There is a certain dryness about the air of Wisconsin 
which also characterizes Minnesota. This fact contributes 
to render it, in common with that State, one of the healthiest 
portions of the United States. 

The winters are severe and linger along well into spring. 
The summers are short but intensely warm, and the heat 
quickly accelerates the growth of vegetation. 

Autumn is the pleasantest here, as it is in a lai^e portion 
of the United States. This season is marked in Wisconsin 
by a long succession of mild and delightful days. 

'^Nearly all the northern half of the State abounds in pine, 
balsam, hemlock, and other cone-bearing evergreen trees, of 
'which the white pine, usually towering far above the other 
trees of the forest, is the most common. The great prairies 
of Illinois extend into several of the southern counties of 
Wisconsin, between which and the heavy timbered districts, 
there is a region of openings in which the burr oak chiefly 
abounds. 

Pine "lumber is annually exported in immense quantities 
from the northern part of Wisconsin. It has been chiefly 
obtained from Ashland county, which borders on Lake Supe- 
rior. This county has the greatest elevation of any portion 
of the State, and is the least settled and improved. 

It is almost one dense pine forest alternating with lakes. 

Wisconsin is rich in minerals. Lead is the most import- 
ant product under this head. It is found chiefly in the 
south-western part of the State, in Grrant, Lafayette, and 
Iowa counties ; its ores in these localities being very rich and 
abundant. Vast quantities of iron ore are found in Dodge 
county, Sauk county. Jackson county, and in Ashland coun- 
ty, near Lake Superior. Copper, both native and in the ore, 
and zinc, have been found in various parts of the State. 
Limestone also occurs, and beds of peat and marl are found 
in the marshes. ***** 



68 Homes in the West 

Madison, the capital of the State, is hardsomel^ located 
on an isthmus between Lakes Mendota and Monona j its situ- 
ation being the most picturesque and beautiful of any of our 
western capitals. The city is well built, contains the State 
buildings, the State University, newspaper establishments, 
banks, churches, iron foundries, a woolen factory, and steam 
mills. Its population in 1865 was estimated at 10,000. 
The charming scenery around, salubrious atmosphere, busi- 
ness advantages, and educational interests will cause it to be 
a flourishing city. 

Milwaukee, at the mouth of the Milwaukee River, and 
seventy-five miles by lake coast above Chicago, is a fine 
thriving city, and a prominent railroad centre in the north- 
west. 



CIRCULAR 

FROM THE 

GENERAL LAND OFFICE, 



s II o w I X n 



THE MANNER OF PROCEEDING 
TO OBTAIN TITLE TO PUBLIC LANDS 



BY PURCHASE, BY LOCATION WITH WARRANTS OR AGRICULTURAL 
COLLEGE S( RIP, BY PRE-EMPTION AND HOMESTEAD. 



ISSUED AUGUST ^3, i8yo. 



C I RCU L AR. 



DEPARTMENT OF THE INTERIOR. 

General Land Office, 
Washington, D. C, August 23, 1870. 

The following is communicated in reference to the manner 
Df acquiring title to the public lands under different laws of 
Congress : 

There are two classes of public lands — the one class at 
^1.25 per acre, which is designated as minimum, and the 
other at $2.50 per acre, or double minimum. 

Title may be acquired by purchase at public sale, or by 
ordinary " private entry/' and in virtue of the Pre-emption 
and Homestead laws. 

1. At public sale where lands are '"offered" at public auc- 
tion to the highest bidder, either pursuant to Proclamation 
by the President, or public notice given in accordance with 
directions from the General Land Ofl5ce. 

BY "private entry" OR LOCATION. 

2. The lands of this class liable to disposal are those which 
have been offered at public sale, and thereafter remain 
unsold, and which have not been subsequently reserved or 
otherwise withdrawn from market. In this class of offered 
and unreserved public lands the following steps may be taken 
to acquire title : 

CASH purchases. 

3. The applicant must present a written application to the 
Kegister for the District in which the land desired is situated, 
describinir the tract he wishes to purchase, giving its area. 
Thereupon the Register, if the tract is vacant, will so certify 
to the Keceiver, stating the price, and the applicant must 
then pay the amount of the purchase money. 



72 Homes in the West. 

The Receiver will thea issue to the purchaser a duplicate 
receipt, and at the close of the month the Kegister and Re- 
ceiver will make returns of the sale to the Greneral Land 
Office from whence, when the proceedings are fouud regular, 
a patent or complete title will be issued ; and on surrender 
of the duplicate receipt such patent will be delivered, at the 
option of the patentee_, either by the Commissioner at Wash- 
ington, or by tiie Register at the District Land Office. 

LOCATIONS WITH WARRANTS. 

4. Application must be made as in cash cases, but must be 
accompanied by a warrant duly assigned as the consideration 
for the land; yet where the tract is $2.50 per acre, the par- 
ty, in addition to the surrendered warrant, must pay in cash 
$1 25 per acre, as the warrant is in satisfaction of only so 
many acres at $1.25 per acre as are coutained in the tract 
located. 

A duplicate certificate of location will then be furnished 
the party, to be held until the patent is delivered, as in cases 
of cash sales. 

The following fees are chargeable by the land officers, and 
the several amounts must he paid at the time of location : 

For a 40-acre warrant, 50 cts. each to the Register and Receiver—Total $1 00 
For a 60-acre warrant, 75 cts '' " " *' " 1 50 

For an 80 acre warrant, $1.00 *' " " " " 2 00 

For a 120-aere warrant, $1.50 " " " " " 3 00 

Foral60-acre warrant, S2.00 " " " " '• 4 CO 

AGRICULTURAL COLLEGE SCRIP. 

6. This scrip may be used — 

First. In the location of lands at -'■private entry*' but 
when so used is only applicable to lands not mineral which 
may be subject to private entry at $1.25 per acre, yet it is 
restricted to a technical '''•quarter section'/' that is, lands 
embraced by the quarter section lines indicated on the official 
plats of survey, or it may be located on ^ part of a " quarter 
secl-ion,'^ where such part is taken as in full for a quarter, but 
it cannot be applied to different subdivisions to make an area 
equivalent to a quarter section. The manner of proceeding 
to acquire title with this class of paper is the same as in cash 
and warrant cases, the fees to be paid being the same as on 
warrants. The location of this scrip at private entry is 
restricted to three sections in each township of land. 



Land Office Lmvs. 73 

Sf'co7id. In pnvMient of Pre-emption claims in the Fame 
manner and under the same rules and regulations as govern 
the application to Pre-emptions of militar}* land warrants; 
this too without rei^ard to the liiuiratiun as to the quantity 
located in a township or ia any one State. 

PRE-EMPTIONS ADMISSIBLE TO THE EXTENT OF ONE QUAR- 
TER SECTION, OR ONE HUNDRED AND SIXTY ACRES. 

6. These may be made under the general Pre-emption laws 
of 4th September, 184-1, U. S. Statutes, vol. 5, page 455, and 
3d March, 1843, vol. 5, page G19, as extended by Act of 
June 2d, 1862, vol. 12, page 413, upon " offered '' and " un- 
offercd " lands, and upon any of the unsurveyed lauds belong- 
ing to the United States to which the Indian title is extin- 
guished, although m the case of unsurveyed lands no definite 
proceedings can be had as to the completion of the title, until 
after the survevs shall have been extended and are ojfficially 
returned to the Disirict Laud Office. 

7. The Act of "d March, 1853, IT. S Statutes, vol. 10, 
page 244, extends the Pre-emprion for one-quarter, or 160 
acres, at $2.r.O per acre to every '•' alterimte'' United States 
or r€i>erved section along the line of railroads. 

8. The Act of 27ih xMarch, 1854, vol. 10, pa-ze 269, chap. 
XXV, protects the right of settlers on sections along the lice 
of railroads where settlement existed prior to withdrawal, 
and in such cases allows die tract to be taken by Pre-emptors 
at S1.25 per acre. Copies of these laws, marked A, B, (J, 
and D, will be found herewith. 

9. Where the tract is " offered'' land, the party must file 
v.'ith the District Land Office his Declaratory Statement as to 
the fact of his settlement within thirty days from the date of 
said settlement; and within one year from that date must 
appear before the Kegister and lieceiver and make proof of 
his actual residence on, and cultivation of, the tract, and se- 
cure the same by paying ccnh^ or by filing warrant or 
agricultural college scrip duly assigned to the Pre-e mptor. 

10. Where the tract has been surveyed and 7iot offered at 
public sale, the claimant must file his Declaratory Statement 
within three months from date of settlement, and make proof 
and payment within eighteen months after the expiration ot 
the three months allowed for filing his Declaratory Notice; 

4 



74 Homes in the West. 

or, in other words, within twenty-one months from date of 
settlement. 

11. Should the settler in either of the aforesaid cases die 
before establishing: his claim within the period limited by 
law, the title may be perfected by the executor, administra- 
tor, or one of the heirs, by making the requisite proof of 
settlement and paying for the land ] the entry to be made in 
the name of " the heirs " of the deceased settler, and the 
patent will be issued accordingly. 

12. Where settlements are made on unsurvet/ed lands set- 
tlers sre required, within three months after date of receipt 
at the District Land Office, of the approved plat of the town- 
ship embracing their claims, to file their Declaratory State- 
ment with the Register of the proper land office, and there- 
after to make proof and payment for the tract within eighteen 
months from the expiration of said three months. 

Where settlers claim Pre-emption rights under the afore- 
said special Act of March 27, 1854, U. 8. Statutes, vol. 10, 
page 269, they are now required to file Declaratory Statements, 
and make proof and payment in like manner as other Pre- 
emptors. 

The Act of March 3, 1843, prohibits a second filing of a 
Declaratory Statement by any Pre-emptor qualified at the 
date of his first filing where said filing has been in all respects 
legal. W^here the first filing^ however, is illegal from any 
causCj 1 e has the light to make a second and legal filiag. 



LAWS EXTENDING THE HOMESTEAD PRIVILEGE, 

13. The original Homestead Act of May 20th, 1862, gives 
to every citizen, and to those who had declared their inten- 
tions to become such, the right to a Homestead on aurceijcd 
lauds. '1 his is conceded to the extent of one quarter-section, 
or 160 acres at ^1.25 per acre, or 80 acres of double mini- 
mum in any organized dUtrict embracing survei/ed public 
lands. 

14. To obtain Homesteads the party must, in connection 
with his application, make an affidavit before the iiegister or 
Keceiver that he is over the age of twenty-one, or the head 
of a family ; that he is a citizen of the United States, or has 
declared his intention to become such, and that the entry i» 



Land Office Laws. 75 

made for his exclusive use and benefit and for actual settle- 
ment anil cultivation. 

15. ^Vhere the applicant has made actual settlement on 
the land he desires to enter, but is prevented by reason of 
bodily infirmity, distance or other »ood cause, from personal 
attendance at the District Land Office, the affidavit may be 
made before the clerk of the court for the county within 
which the land is situated. 

16. The amendatory Act of 21st March, 1864, U. S. 
Statutes, vol. 13, page 85, relaxes the requirements of per- 
sonal attendance at the District Office to persons in the 
military or naval service, ichcre the payfy's jamiJy, or some 
member, is rcniu'f/ on. the la? d that it is desired to enter, 
and upon which a bona fide improvement aud cultivation had 
been made. In such cases the said Act cf 186-!: allows the 
beneficiary to make the affidavit before the officer command- 
ing in the branch of service in which he may be engaged^ 
and the same may be filed, by the wife or other representative 
of the absent^^e, wdth the Register, together with the Home- 
stead Application. 

His claim in that case will become efiective from the date 
of filing, provided the required fee and commissions accom- 
pany the same : but immediately upon his discharge he must 
enter upon the land and make it his hona fide home, as re- 
quired by the original Act of 20th May, 1862. The 25th 
section of the Act 15th July, 1870, so fjir modifies the 
original Homestead Act as to allow officers, soldiers, and 
sailors who have served in the army oi navy cf the United 
States for ninety days, and remained loyal to the government, 
to enter 160 acres, instead of 80 acres, double miDimuni lands. 
In all other respects the requirements of the ori<:inal and 
ameridatory Acts remain in force, actual settlement and 
culii'vati.o)t btrtig in vo ca^e dispelled ivith. Special affidavits 
are required in such cases. Congress has also enacted that 
any ylien of the age of 21 years and upward, who has entered 
or shall enlist in the armies of the United States, and be 
honorably discharged therefrom, shall not be required to 
make any dtclaration of intention to become a citizen of the 
United i" tates, and may upon his petition and on proof of 
honorable military service be admitted to full citizenship, 
after not less than one year's residence in the United States. 



76 



Homes in the West. 



17. For Homestead entries on surveyed lands in MlcniGAN, 
Wisconsin, Iowa, Missouri, Minnesota, Kansas^ Ne- 
braska, Dakota, Alabama, Mississippi, Louisiana, 
Arkansas, and FloridAj fees are to be paid according to 
the followino; table : 





pj 




H . 




f^ w 


^ 


g- 




i< 


< 


Ph 


160 


$1 25 


80 


125 i 


40 


1 25 


80 


2 50 


40 


2 50 



Commissions. 



Payable when 

entry IS viaie. 



$4 00 
2 00 

1 00 
4 00 

2 00 



Payable when 

certificate 
issues. 



$4 00 
2 00 

1 00 
4 00 

2 00 



Fees. 



Payable when 
entry is madf. 



$10 00 

5 00 

5 00 

10 00 

5 00 



Total Fees 

AND 

Commissions. 



$18 00 

9 00 

7 00 

18 00 

9 00 



]!^oTE. — Where entries are made on $2.50 lands by officers, sol- 
diers, and sailors, under the Act 15th July, 1870, double the 
amount of the above rates must of course be paid ; that is, for 160 
acres of $2.50, $8.00 at date of entry, and $8.00 upon proving up. 

These rates will also apply to Ohio, Indiana^ and Illi- 
nois, if any vacant tracts can be found liable to Homsstead 
in those three States, where but very few isolated tracts of 
public land remain undisposed of. 



18. In the Pacific and other political divisions, viz : 
On surveijed lands in California^ Nevada, Oregon, 
Colorado, New Mexico, and Washington, and in Ari- 
zona, Idaho, Utah, Wyoming, and Montana, the com- 
missions and fees are to be paid according to the following 
table : 



Land Office Laws. 



77 







O 
< 


160 


$1 25 


80 


1 25 


40 


1 25 


80 


2 50 


40 


2 50 



Commissions. 



Payable lu/ien 
entry is made. 


$6 00 


3 00 


1 50 


6 00 


3 CO 



Payable when 

certificate 
iftiues. 



Fees. 



Payfible wlien 
entry is made. 



$G 00 
3 CO 
1 50 
6 CO 
3 00 



$10 00 

5 00 

5 00 

10 CO 

5 00 



Total Fees 

AND 

Commissions. 



$22 00 

11 CO 

8 00 

22 00 

11 00 



The note to the table under the 17th head applies also to this 
table of rates. 

19. By the Act 21sfc June, 1866, U. S. Statutes, vol. 14, 
page 66, the public lands of Alabama, 'Mississippi, Lou- 
isiana, Arkansas, and Florida are subject to disposal 
only under the provisions of the Homestead laws. 

20. Upon payment of the fee and commissions in accord- 
ance with the table under the 17th hoMd, the Receiver will 
issue his receipt therefor and furnish a duplicate to the claim- 
ant. 

The matter will then be entered on their records and 
reported to the General Land Office, 

21. An inceptive right is vested in the settler by such 
proceedings, and upon faithful observance of the law in 
regard to settltment and cultivation for the continuous term 
of five years; and at the expiration of that time, or within two 
years thereafter, upon proper proof to the satisfaction of the 
Land Ufficcis, and pa^'ment to the Eeceiver, the Register 
will issue his certificate, and make proper returns to this 
office as the basis of a patent or complete title for the Home- 
stead. 

In making final proof, it is indispensable, under the statute, 
that the Homestead party shaU appear in person at the Dis- 
trict Land Office, and there make the affidavit required of 
him by law^ in support of his claim. AVhere from physical 

Note.— The law is specific in requiring final proof to be made within two years sfter 
the expiration of th« five years. 



78 Homes in the West. 

disability, distance, or other good cause, the loitncFses of said 
party cannot attend in person at the District Olficc.; their 
testimony in support of the claim m:iy be taken where they 
reside, before an officer authorized by law to administer oaths. 
Their testiuiony must state patisfnctorily the rrason of their 
inability to attend at the District Office; and the credibility 
and responsibility of the witnesses must be certified by the 
officiating magistrate, whose official character must be authen- 
ticated under seal. 

The corroborating; testimony thus prepared must be 
deposited with the Register and Receiver and filed with the 
affidavit of the Homestead party, and the decision of the 
Bcgister and Receiver endor^-ed thereon as preliminary to 
the transmission of the same to the General J^and Office. 

22. Where a Homestead settler dies before the consum- 
mation of his claim, the widow, or in case of her death the 
heirs, may continue the settlpment and cultivation and ob- 
tain title upon requisite proof at the proper time. If the 
wndow proves up, the title passes to her; if she dies before 
proving up and the heirs make the proof, the title will vest 
in them. 

Where both parents die leaving infant heirs, the Home- 
stead may be sold for cash for the benefit of such heirs, and 
the purchaser will receive title from the United States. 

2o. The sale of a Homestead claim by the settler to an- 
other party before completion of title is not recognized by 
this ( ffice, and not only vests co title or equities in the pur- 
chaser, but would he 23rima /acfe evidence of abandonment, 
and might give cause for cancellation of the claim 

A party may relinquish his claim, but only to the Govern- 
ment ; and in such cases should surrender his duplicate re- 
ceipt, with a relinquishment endorsed thereon; or if the 
duplicate has been lost, that fact should be stated in the re- 
linquishment, duly signed and acknowledged. 

Where application is made for the cancellation of a Home- 
stead entry on the ground of abandonment, the party must 
file his affidavit with the District Land Officers, setting forth 
the facts on which his allegations are founded, describing the 
tract and giving the name of the settler, Upon this the 
officers will set apart a day for hearing, giving all the parties 
on interest due notice of the time and place of trial.^ 



Land Office Laws. 79 

After the trial the land officers will transmit the testimony, 
with their joint report, for the action of this office. 

The oxpeoses incident to such contest mu>-t be delr;ijed by 
the contestant, and no entry of the land can be mado until 
the district officers have received notice from this office of 
the cancellation of the entry covering the same; nor does an 
informant obtain any privileges thereby. Such person must, 
if he desires the land, by proper diligence ascertain when 
notice of cancellation is received by Register and Receiver, 
and /hen make formal written application for the tract; the 
laud, after reception by said officers of notice of cancellation, 
being always oprn to the Jirst legal appluanf, unle.^s other- 
wise withdrawn from entry for any purpose. 

24. As the law allows but one Homestead privilege, a set- 
tler relinquishing or abandoning his claim cannot thereafter 
make a second entry. But in case of the illegality of his 
entry he may make a second claim. 

When an individual has made settlement en a surveyed 
tract and filed his Pre-emption Declaration therefor, he may 
change his filing into Homestead, yet such change is inadmis- 
sible where an adverse right has intervened; but in such cases 
the settler has the privilege of perfecting his title under the 
Pre-emption laws. 

25. If the Homestead settler does not wish to remain five 
years on his tract, the law permits him to pay for it with 
cash or warrants, upon making proof of settlement and culti- 
vation for a period not less than six months from the date 
of entry to the time of payment. 

This proof of actual settlement and cultivation must be 
the affidavit of the party made before the district officers, 
corroborated by the testimony of two credible witnesses. 

26. There is another class of Homesteads designated as 
'' adjoining farm Homesteads." In these cases the law allows 
an applicant oicnuig and residing on an original farm, to en- 
ter other land lying contiguous thereto, which shall not, with 
such farm, exceed in the aggregate 160 acres. Thus, for ex- 
ample, a party owning or occupying 80 acres, may enter 80 
additional of 81.25, or 40 acres of 82.50 land. Or suppose 
the applicant to own 40 acres., then he may enter 120 acres 
at $1.25, or 40 at §1.25 with 40 at $2.50, if both classes of 
land should be found contiguous to his original farm. 



80 Homes in the West. 

In entries of " adjoining farms " the settler must describe, 
in Ills afii lavit, tlie tr;jcfc he owns and is settled upon as his 
original ikrm. Actual residence on the tract entered as an 
adjoining faria is not required, but hona fide improvement 
and cultivation of it must be shown for the period required 
by the statute. 

27. The Homestead and Pre-emption privilege is conceded 
to Indiaris who have voluntarily dissolved all connection with 
their tribes and no longer shaie in the annuities, or in exemp- 
tions, or in privileges secured to them by Acts of Congress 
or treaty stipulations. Special forms of aiSdavit with corrob- 
orative testimony are required in these cases, forms of which 
are attached — Nos. 10 and 11. 

28 Lands obtained under the Homestead laws are ex» 
empted from liability for debts contracted prior to the issuing 
of patent therefor. 

Copies of the Homestead laws are hereto annexed, marked 
E, F, and Gr, as also forms of affidavits acd applications, num- 
bered from one to twelve, required upon initiation of claims 
under the Pre-emption and Homestead Laws, 

registers' and receivers' returns. 

29. Within three days froai the close of each month the 
District Land Officers are required to make out and transmit 
to the General Office a statement of the business of their re- 
spective offices for the preceding month. 

These reports are in form of abstracts of declaralions of 
settlements filed, abstracts of lands sold, abstracts of Home- 
steads entered, abstracts oP military warrants and of agricul- 
tural college scrip located, accompaoied by the certificates of 
purchase, Receiver's receipts. Homestead application.s and 
affidavits, warrants, and a'gricultural college scrip, and certi- 
ficates of location. 

The abstracts are all to be critically examined and there- 
after dul}^ certified by Register and Receiver as correct and 
in conformity with the records and the papers, and that all 
agree with each other. 

The Receiver is required also to render promptly t>.monthJi/ 
account of all the moneys, received, showing the balance duo 
the Government at the close of each month. 



Land Office LawB. 81 

At the end of every quarter he also must transmit a quar- 
terly account as Receiver; upon the several accounts an ad- 
justment is here made and submitted to the Treasury Depart- 
ment for final settlement. 

He must also render a quarterly disbursing account of all 
moneys expended. 

The Receiver is required to deposit the moneys received by 
him at some depository designated by the Secretary of the 
Treasury when the amount on hand shall have reached the 
sum of two thousand dollars; and in no case is he author- 
ized, without special instructions, to hold a larger amount in 
bis hands. 

30. It is the duty of the Registers and Receivers to be in 
attendance at their oflGices, and give proper facilities and in- 
formation to persons applying for lands. 

31. A list of all the District Land Oflfices in the United 
States is hereto annexed. 

32. Laws and instructions relating to mining claims form 
the subject of a separate circular. 

JOS. S. WILSON, 
Commissioner of the General Land Office, 



[A.] 

AN ACT to appropriate the proceeds of the ealee of the public lands 
and to grant pre-emption rights. 

Sec. 10. And he it Jurther enacted^ That, from and after 
the passage of this act, every person, being the head of a 
family, or widow, or single man over the age of twenty-one 
years and being a citizen of the United States, or having 
filed his declaration of intention to become a citizen as re- 
quired by the naturalization laws, who, since the first day of 
June, A. D. eighteen hundred and forty, has made, or shall' 
hereafter make, a settlement in person on the public lands to 
which the Indian title had been, at the time of snch settle- 
ment, extinguished, and which has been, or shall have been, 
surveyed prior thereto, and who shall inhabit and improve 
the same, and who has or shall erect a dwelling thereon, shall 
be, and is hereby, authorized to enter with the Register of the 
4* 



82 Homes in the West. 

land office for the district in which such land may lie, by le- 
gal sulidivisioDS, any number of acres not exceeding one 
hundred and sixty, or a quarter section of land, to include 
the residence of such claimant, upon pa3niig to the United 
States the minimum price of such laod, subject, however, to 
the following limitations and exceptions : No person shall be 
entitled to more than one pre-emptive right by virtue of this 
act; no person who is the proprietor of three hundred and 
twenty acres of land in any State or Territory of the United 
States, and no person who shall quit or abandon his residence 
on his own land to reside on the public land in the same 
State or Territory, shall acquire any right of pre-emption 
under this act; no lands included in any reservation, or by 
any treaty, law, or proclamation of the President of the Uni- 
ted States, or reserved for salines, or for other purposes ; no 
lands leserved for the support of schools, cor tbe lands ac- 
quired by either of the two last treaties with the Miami tribe 
of Indians in the State of Indiana^ or which may be acquired 
of the Wyandot tribe of Indians in the State of Ohio, or 
other Indian reservation to which the title has been or may 
be extinguished by the United States at any time during the 
operation of this act; no sections of land reserved to the 
United States alternate to other sections granted to any of 
the States for the construction of any canal, railroad, or other 
public improvement ; no sections or fractions of sections in- 
cluded within the limits of any incorporated town; no por- 
tioES of the public lands which have been selected as the cite 
for a city or town ; no parcel or lot of land actually settled 
and occupied lor the purpose of trade and not agriculture; 
and no lands on which are situated any knov/a salines or 
mines, — shall be liable^to entry under and by virtue of the 
provisions of this act. And so much of the proviso of the 
act of twenty-second of June, eighteen hundred and thirty- 
eight, or any order of the President cf the United States, ns 
' directs certain reservations to be made in favor of certnin 
claims under the tieaty of Dancing llabbit Cteek, be, and the 
same is here by repealed: Frovided, That such repeal shall not 
affect any title to any tract of land secured in virtue of said 
treaty. 

Sec. 11. And he it further enacted, That when two or 
more persons shall have settled on the same quarter section 



Land Office Laivs. 83 

of land, the right of pre-emption shall be in him or her who 
made the first settlement, provided such persons shall con- 
form to the other provisions of this act; and all questions as 
to the right of pre-emption arising between different settlers 
shall be settled by the Register and Receiver of the district 
within which the land is situated, subject to an appeal to and 
a revision by the ^Secretary of the Treasury [Interior] of 
the United States. 

Sec. 12. Arid he it further enacted^ That prior to any en- 
tries being made under and by virtue of the provisions of this 
act, proof of the settlement and improvement thereby required 
shall be made to the satisfaction of the Register and Receiver 
of the land district in which such lauds may lie, agreeably 
to such rules as shall be prescribed by the Secretary of the 
Treasury [Interior], who shall each be entitled to receive 
60 cents from each applicant for his services, to be rendered as 
aforesaid ; and all assignments and transfers of the right 
hereby secured, prior to the issuing of the patent, shall be 
null and void. 

Sec. 13. And he it further enacted, That before any per- 
son claiming the benefit of this act shall be allowed to enter 
such lands, he or she shall make oath before the Receiver 
or Register of the land district in vdiich the land is situated 
(who are hereby authorized to administer the same,) that he 
or she has never had the benefit of any right of pre-emption 
under this act; that he or she is not the owner of three hun- 
dred aod twenty acres of land in any State or Territory of 
the United States, nor hath he or she settled upon and im- 
proved sail land to sell the same on speculation, but in good 
faith to appropriate it to his or her own exclusive use or ben- 
efit ; and that he or she has not directly, or indirectly, made 
any agreement or contract, in any way or manner, with any 
person or persons whatsoever, by which the title which he 
or she might acquire from the government of the United 
States should inure in whole or in part to the benefit of any 
person except himself or herself; and if any person taking 
such oath shall swear falsely in the premises, he or she shall 
be subject to all the pains and penalties of perjury, and shall 

* Appellate power vested in Commissioner of the General Laud Office, See lOth 
eec. act 12th June, 1858, [Statutes, vol. 11, p. 326.] 



84 Homes in the West. 

forfeit the money which he or she may have paid for f^aid 
land, and all right and title to the same; and any grant or 
conveyance which he or she may have made, except in the 
hands of bona Jide purchasers, for a valuable consideration, 
shall be null and void. And it shall be the duty of the offi- 
cer administering such oath to file a certificate thereof in the 
public land office of such distiict, and to transmit a duplicate 
copy to the General Land Office : either of which shall be 
good and sufficient evidence that such oath was administered 
according to law. 

Sec. 14, And be it further enacted, That this act shall not 
delay the sale of any of the public lands of the United States 
beyond the time which has been, or may be, appointed by the 
proclamation of the President; nor shall the provisions of 
this act be available to an^ person or persons who shall fail 
to make the proof and payment, and file the affidavit required, 
before the day appointed for the commencement of the sales 
as aforesaid. 

Sec 15. And be it further enacted^ That whenever any 
person has settled or shall settle and impro\?e a tract of land 
subject at the time of settlement to private entry, and shall 
intend to purchase the same under the provisions of this act, 
such person shall, in the first case, within three months alter 
the passage of the same, and in the last, within thirty days 
next after .the date of such settlement, file with the Kegister 
of the proper district a written statement describing the lands 
settled upon, and declaring the intention of such person to 
claim the same under the provisions of this act; and shall, 
where such settlement is already made, within twelve months 
after the passage of this act, and where it shall hereafter be 
made, within the same period after the date of such settle- 
ment, make the proof, affidavit, and payment herein required; 
and if he or she shall fail to file such written statement as 
aforesaid, or shall fail to make such affidavit, proof, and pay- 
ment within the twelve months aforesaid, the tract of land so 
settled and improved shall be subject to the entry of any 
other purchaser. 

Approved September 4, 1841. 



Land Offict Laws. 85 



[B.] 

AN ACT to authorize the investigation of alleged frauds under the 
pre-emption laws and for other purposes. 

Be if enacted Jty the Senate and House of Representatives 
of the United States of America in Congress assembled^ Thafc 
the Commissioner of the General Land Office be, and he 
hereby is, authorized to appoint a competent agent whose 
duty it shall be, under direction of said Commissioner, to in- 
vestigate, upon oath, the cases of fraud under the pre emp- 
tion laws alleged to exist in the Columbus land district, in 
the State of Mississippi, referred to in the late annual report 
of said Commissioner, communicated to Congress by letter of 
the Secretary of the Treasury dated December the fifteenth, 
one thousand eight hundred and forty-two; and that such 
a<;ent shall examine all witnesses who may be brought before 
him by the individual or individuals alleging the fraud, as 
well as those witnesses who may be produced by tbe parties 
in interest to sustain said claims; and that he be, and is here- 
by invested with power to administer to such witnesses an 
oath to speak the truth in regard to any question which may 
be deemed necessary to the full examination of the cases so 
alleged to be fraudulent; and such testimony shall be reduced 
to writing, and subscribed by each witness, and the same re- 
turned to the Commissioner, with the opinion of said agent 
on each claim; and any witness so examined before the said 
agent, who shall swear willfully and falsely in regard to any 
matter or thing touching such examination, shall be subject, 
on conviction, to all the pains and penalties of perjury ; and 
it shall be the duty of the Commissioner to decide the cases 
thus returned, and finally to settle the matter in controversy, 
subject alone to an appeal to the Secretary of the Treasury : 
Provided^ That the power conferred by this section upon 
such agent is hereby limited to the term of one year from 
and after the date of this act; and the compensation to bo 
paid to said agent shall not exceed three dollars per day for 
each day he may be necessarily engaged in the performance 
of the duties required by this section. 

Sec. 2. And be it further enacted^ That in any case where 
ft party entitled to claim the benefits of any of the pre-cmp- 



86 Homes in the West 

tion laws shall have died before consummating his claim by 
filing in due time all the papers essential to the establishment 
of the same, it shall be competent for the executor or admin- 
istrator ol the estate of such party, or one of the heirs, to file 
the necessary papers to complete the same : Frovided, That 
the entry in such cases shall be made in favor of " the heirs" 
of the deceased pre-emptor, and a patent thereon shall cause 
the title to inure to said heirs as if their names had been 
specially mentioned. 

Sec. 3. And, he it furtlxer enacted, That every settler on 
section sixteen, reserved for the use of schools, or on other 
reserves or land covered by private claims of others, which 
was not surveyed at the time of such settlement, and who shall 
otherwise come within the provisions of the several pre- 
emption laws in force at the time of the settlement, upon 
proof thereof before the Register of the proper land ofiice, 
shall be entitled to enter, at the minimum price, any other 
quarter section, or fractional section, or fractional quarter 
section, in the land district in which such school section or 
reserve or private claim may lie, so as not to exceed one 
hundred and sixty acres, not reserved from sale or in the 
occupancy of any actual howi fide settler: Provided, Such 
settlement was made before the date of the Act of fourth 
September, eighteen hundred and forty-one, and after the 
extinguishment of the Indian title. 

Sec. 4. And he it further enacted, That where an individ- 
ual has filed, under the late pre-emption-law, his declaration 
of inteatiou to claim the benefits of said law for one tract of 
land, it shall not be lawful for the same individual at any 
future time to file a second declaration for another tract, 

Sfcc. 5. And be it further enacted, That claimants under 
the late pre-emp;ion law, for land not yet proclaimed for sale, 
are required to make known their claims, in writing, to the 
Register of the proper land ofiice, within three months from 
the date of this act when the settlement has been already 
made, and within three months from the time of the settle- 
ment when such settlements shall hereafter be made, giving 
the designation of the tract and the time of settlement; 
• otherwise his claim to be forfeited, and the tract awarded to 
the next settler, in the order of time, on the same tract of 
land, who shall have given such notice and otherwise com- 
plied with the conditions of the law. 



Land Office Laws. 87 

Sec. 6. And he it further enacted, That whenever the 
vacauc}' of the office cither cf Eejiister or Receiver, or of both, 
shall render it impossible for the claimant to comply with 
any requisition of any of the pre-emption laws within the 
appi)in!ed time, such vacancy shall not operate to the detri- 
ment of the party claiming in respect to nny matter essential 
to the establishment of his claim: Piovided^ That such re- 
quisition is complied with within the same period after the 
ditabiiity is removed as would have been allowed him had 
such disability not existed. 

Sec. 7. AvA he it further enacted^ That where a settler on 
the public lands may reside on a quarter section, a fractional 
quarter section, or a fraction of a section less than one hun- 
dred and sixty acres and cultivated land on any other and 
ditferent tract of either ( f the descriptions aforesaid, he or she 
shall be entitled, under ^h~! Act of June twenty-second, one 
thouscjnd eif'ht hundred nn I thirty-eight, to the same, privi- 
leges of a choice between two legal subdivisions of each, so 
as to iiclude his or her lioiise and farm, not to exceed one hun- 
dred and sixty nr-rcs in all, as is granted by the first section 
of that A"ct \.o fccLi.crs residing on a quarter section, and cul- 
tivating on another and different quarter. 

Sec. 8. And he it further enacted, That where two or more 
persons are residing on any of the species of tracts specified 
in section seven cf this Act, as required by the Acts of the 
twenty-second of June, one thousand eight hundred and 
thirty-eight, and the first of June, one thousand c'ght hun- 
dred and forty, and any one or more of said settlers may have 
cultivated land duricg the period of residence required by 
either of said Acts uu annthor and difi"erent tract, or other 
and difi'erent tracts, the latter mentioned settlei's shall be 
entitled to the option ( i entering the tract lived on, jointly 
with the other or others, or of abandoning the tract lived on 
to those who have not cultivated land as above required, and 
entering the tract or tracts cultivated, so as not to exceed 
one hundred and sixty acres to any one settler, who, by vir- 
tue of this section, is entitled to a separate entry; or such 
joint settlers may jointly enter the tract so jointly occupied 
by them, and, in addition, enter other contiguous unoccupied 
lands, by legal subdivisions, so as not to exceed one hundred 
and sixty acres in all to each of such joint settlers : Provided^ 



88 Hornet in tht We$t. 

That the extended privileges granted to pre-emptors by this 
act shall not be construed to deprive any other actual settler 
of his or her previous and paramount right of pre-emption, 
or to extend to lands reserved for any other purpose whatever. 

Sec. 9. A7id be it further enacted, That all persons coming 
■within the tenth section of the Act of the i'ourth of Septem- 
ber, eighteen hundred and forty-one, entitled ** An Act to 
appropriate the proceeds of the sales of the public lands and 
to grant pre-emption rights," shall be entitled to the right of 
pre-emption under its provisions, notwithstanding such per- 
sons claiming the pre-emption shall have settled upon and 
improved the lands claimed before the same were surveyed : 
Provided^ Such settlements were made before the date of the 
aforesaid Act, and after the extinguishment cf the Indian 
title. And said Act shall not be so construed as to preclude 
any person who may have filed a notice of intention to claim 
any tract of land by pre-emption, under said Act, from the 
right allowed by law to others to purchase the same by 
private entry after the expiration of the right of pre-emption. 

Approved March 3, 1843. 



[C] 

AN ACT to extend pre-emption rights to certain lands therein 
mentioned. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Covgrefs assembled, 
That the pre-emption laws of the United States, as they now 
exist, be, and they are hereby extended over the alternate 
reserved sections of public lands along the lines of all the 
railroads in the United States, wherever public lands have 
been, or may be, granted by Acts of Congress; and that it 
shall be the privilege of the persons residing on any of said 
reserved lands, to pay for the same in soldiers' bounty land 
warrants, estimated at a dollar and twenty-five cents per acre, 
or in gold aud silver, or both together, in preference to any 
other person, and at any time before the same shall be 
offered for sale at auction : Provided, That no person shall 
be entitled to the benefit of this Act who has not settled and 



Land Office Laws. 89 

improved, or shall not settle and improve, such lands prior 
to tl)e final allotment of the alterijate sections to such rail- 
roads by the General Land Office : And provided further^ 
That the price to be paid shall, in all cases, be two dollars 
and fifty cents per acre, or such o.hcr minimum price as is 
now fixed by law, or may be fixed, upon lands hereafter 
granted ; and no one person shall have the right of pre- 
eirption to more than one huudred and sixty acres: And 
prircidcd fiiitlif'r, That any settler who has .settled, or may 
hereafter settle, on lands heretofore reserved on account of 
claii: s under French, Spanish, or other grants which have 
been, or shall be, hereafter declared by the Supreme Court 
of the United States to be inv^ilid, shall be entitled to all the 
rights of pre-emption granted by this Act and the Act of 
fourth September, eighteen hundred and forty-one. entitled 
" An Act to appropriate the proceeds of the public lands 
and to grant pre-emption rights/' after the lands shall have 
been released from reservation, in the same manner as if no 
reservation existed. 

Approved March 3, 1853. 



[D.] 

AN ACT for the relief cf settlers on lands reserved for railroad 
purposes. 

Be it enacted hy the Senate and Bouse of Representa- 
th'es of the United Statea of America in Coiujress assembled, 
That every settler on public lands which have been, or may 
be, withdrawn irora market in consequence of proposed rail- 
roads, and who had settled thereon prior to such withdrawal, 
shall be entitled to pre-emption, at the ordinary minimum, to 
the lands settled on and cultivated by them : Frouided, 'J'hey 
shall prove up their rights according to such rules and reg- 
ulations as may be prescribed by the Secretary of the Interior, 
and pay for the same before the day that may be fixed by 
the President's proclamation for the restoration of said lands 
to market. 

Approved March 27, 1854. 



90 Homes in the West. 



(E.) 

AN A.CT to establish a land office in Colorado Territory, and 
for other purposes. 
Be it enacted by the Senate and House of RcpJ^escntatives 
of the United States of America in Congress^ assembled^ 
That ail the Lmcls belonging to the United States to which 
the Indian title has been or phall bo extinguished, shall be 
subject to the operations of the pre-emption act of the 4th 
September, 1841, and under the conditions, restrictions, and 
stipulations therein mentioned : Provided hoicner^ That 
when unsurveyed lands are claimed by pre-emption, notice 
of the specilic tracts claimed l4iu11 be filed within six months 
after the survey has been made in the field; and on failure 
to file such notice, or to pay for the tract claimed within 
twelve months from the filing of such notice, the parties 
claiming such lands shall forfeit all right thereto, provided, 
said notices may be filed with the Surveyor General, and to 
be laoted by him on the township plats, until other arrange- 
ments have been made by law for that purpose. 

;!« * ^ 5i< * * 

Approved June 2, 1862. 



(F.) 

AN ACT to secure homesteads to actual settlers on the public 
domain. 

Be if enacted hf/ the Senate and House of Representatives 
of the United States of America in Congress assembled., 'I hat 
any person who is the head of a family, or who has arrived 
at the age of twenty one years and is a citizen of the United 
States, or who shall have filed his declaration of intention to 
become such, as required by the naturalization laws of the 
United States, and who has never borne arms against the 
United States government or given aid and comfort to its 
enemies, shall, from and after the first January, eighteen 
hundred and sisty-three, be entitled to enter one quarter 
section or a less quantity of unappropriated public lands, upon 
which said person may have filed a preemption claim, or 
which may, at; the time the application is made, be subject 



Land Office Laws. 91 

to pre-emptioD, at one dollar and twenty-five cents or less 
per acre ; or eiiility acres or less of such unappropriated 
lands at two dollars and fifty cents per acre, to be located in 
a bndy^ in conformity to the legal subdivisions of the public 
lands, and after the same shall have been surveyed : Provi- 
ded, That any person owning and residing on land may, under 
the provisions of this act, enter other land lying contiguous 
to his or her said land, which shall not, with the land so 
already owned and occupied^ exceed in the aggregate one 
huodri'd and sixty acres. 

Skc. 2 And be it furthfr enacted, That the person ap- 
plying for the benefit of this act shall, upon application to the 
Kegister of the land ofince in which ho or she is about to 
makesuch entry, make affidavit before the said Register or Ee- 
ceiver that he or she is the head of a family, or is twenty-one 
years or more of age, or shall have performed service in the 
army or navy oF the United States, and that he has never 
borne arms against the government of the United States or 
given aid and comfort to its enemies, and that such application 
is made for his or her exclusive use and benefit, and that said 
entry is made for the purpose of actual settlement and cultiva- 
tion, and not, either directly or indirectly, for the use 
or benefit of any other person or persons whomsoever, 
and upon filing the said afladavit with the Register or 
Receiver, and on payment of ten dollars, he or she shall there- 
upon be permitted to enter the quantity of land specified : 
Frooided however^ That no certificate shall be given or pat- 
ent issued therefor until the expiration of five years from the 
dute of such entry; and if, at the expiration of such time, or 
at any time within two years therealter,| the person mi.king 
such entry — or, if he be dead^ his widow; or, in case of her 
death, his heirs or devisee ; or, in case of a widow making 
such entry, her heirs or devisee, in case of her death — shall 
prove by two credible witnesses that he, she, or they have 
residid upon or cultivated the same for the term of five years 
immediately succeeding the time of filing the affidavit afore- 
said, ;!nd shall make affidavit that no part of said land has 
been alienated, and that ho has borne true allegiance to the 
government of the United States ; then, in such case, he, 
she, or they, if at that time a citizen of the United States, 
shall be entitled to a patent, or in other cases provided by 



92 Bome% in the West. 

law ; And provided further^ That in case of the death of 
both father and mothei-j leaving an infant child or children 
under twenty-cnc years of ai^e, the right and fee shall inure 
to the benefit of said infant child or children 3 and the exec- 
utor, administrator, or guardian may, at any time within two 
years after the death of the surviving parent, and in accord- 
ance with the laws of the State in which such children for 
the time being have their domicile, sell said land for the 
benefit of said infants, but for no other purpose; and the 
purchaser shall acquire the absolute title by the purchase, 
and be entitled to a patent from the United States, on pay- 
ment of the office fees and sum of money herein specified. 

Sec. 3. A}>d be it further enacted, That the Kegister of 
the land office shall note all such applications on the tract 
books and plats of his office, and keep a Register of all such 
entries, and make return thereof to the General Land Office, 
together with the proof upon which they have been founded. 
8ec. 4. Ami be it further enacted, That no lands ac- 
quired under the provisions of this act shall in any event 
become liable to the satisfaction of any debt or debts con- 
tracted prior to the issuing of the patent therefor. 

Sec. 5. And be it further enacted^ That if, at any time 
after the filing of the affidavit, as required in the second 
section of this act, and before the expiration of the five years 
aforesaid, it shall be proven, after due notice to the settler, 
to the satisfaction of the Eegister of (he land office, that the 
person having filed such affidavit shall have actually changed 
his or her residence, or abandoned the said land for more 
than six months at any time, then and in that event the land 
so entered shall revert to the government. 

Sec. 6. And be it fvrthcr enacted, That no individual 
shall be permitted to acquire title to more than one quarter 
section under the provisions of this act; and that the Com- 
missioner of the General Land Office is hereby required to 
prepare and issue such rules and regulations consistent with 
this act, as shall be necessary and proper to carry its provi- 
sions into ( fi'ect ; and that the Registers and Receivers of the 
several land offices .'hall be entitled to receive the same com- 
pensation for any lands entered under the provisions of this 
act that they are now cniitled to receive when the same 
quaintity of land is entered with money, one-half to be paid 



Land Office Laws. 93 

by the person makinEr the application at the time of so doing, 
and the othtr half on the issue of the certificate by the per- 
son to whom it may be issued ; but this shall not be construed 
to enlarge the maximum of compensiition now prescribed by 
law for any Kegister or Receiver; Piovid dy That nothing 
contained in this act shall be so construed as to impair or 
interfere in any manner whatever with existing pre-einption 
rights : And provided farther. That all persons *vho may 
have filed their application for a pre-emption right prior to 
the passage of this act shall be entitled to all the privileges 
of this act : Provided further. That no person who has served, 
or may hereafter serve, for a period of not less than fourteen 
days in the array or navy of the Uuited States, either regu- 
lar or volunteer, under the laws thereof, during the existence 
of an actual war, domestic or foreign, shall be deprived of 
the benefits of this act on account of not having attained the 
age of tvsenty-one years. 

Sec. 7. And he it further enacted., That the fifth section 
of the act: entitled "An Act in addition to an Act more effect- 
ually to provide for the punishment of certain crimes against 
the United States, and for other purposes,'^ approved the 
third of 2>iarch, in the year eighteen hundred and fifty-seven, 
shall extend to all oaths, affirmations, and affidavits required 
or authorized by this act. 

Sec. 8. And he it further enacted^ That nothing in this 
act shall be so construed as to prevent any person who has 
availed him or herself of the benefits of the first section of 
this act from paying the minimum price, or the price to 
which rhe same may have graduated, for the quantity of 
land so entored at any time before the expiration of the five 
years, and obtaining a patent therefor from the government, 
as in other cases provided by law, on making proof of set- 
tlement and cultivation as provided by existing laws grant- 
ing pre-emption rights. 

Approved May 20, 1«62. 



[G.] 

AN ACT amendatory of the Homestead law, and for other 
purposes. 

Be it enacted hy the Senate and ffom^e of Bcpresenfatives of 
the United States of America in CotKjress assemhied, That 



94 Homes in the West. 

in case of any person desirous of availing liimself of the ben- 
efits of the homestead act of twentieth May, eighteen hun- 
dred and sixty-two, but who, by reason of actual service in 
the military or naval service of the United States, is unj^ble 
to do the personal preliminary acts at the district land office 
which the said act of twentieth May, eighteen hundred and 
sixty-two requires^ and whose, family, or some member 
thereof, is residing on the land which he desires to enter, 
and upon which a bona fide improvement and settlement 
have been made, it shall and may be lawful for such person 
to make the affidavit required by said act before the officer 
commanding- in the branch of the service in which the party 
may be eugagod, which affidavit shall be jjs binding in law, 
and with like penalties, as if taken before the Eegister or Ee- 
ceiver ; and upon such affidavit being filed with the Kegister 
by the wife, or other representative of the party, the s-rme 
shall become efiPective from the date of such filing, provided 
the said application and affidavit are accompanied by the fee 
and commissions as required by law. 

Sec. 1^ And he it further enacted, That, besides the ter- 
dollar fee exacted by the said act, the homestead applicant 
shall hereafter pay to the Eegister and Receiver Cfich, as com- 
missions ,at the time of entry, one per centum upon the cash 
price as fixed by law of the land applied lor, and like com- 
missions when the claim is finally established and the cer- 
tificiite thercior issued as the basis of a patent. 
S EC. 3. And he it farther enacted^ I'hat in any case 
hereafter in which the applicant for the benefit of the home- 
stead, and whose family, or some membL-r thereof, is residing 
on the land which he desires to enter, and upon which a bona 
fide improvement and settlement have been made, is pre- 
vented, by reason of distance, bodily infirmity, or other 
good cause, from personal attendance at the district land 
office, it shall and may be lawful fur him to make the affidavit 
required by the original statute before the clerk of the court 
for the county in which the applicant is an actual resident, 
and to transmit the same, with the fee and commissions, to 
the Kegister and Receiver. 

Sec. 4. And he it fvrther enacted, That in lieu of the 
fee allowed by the twelfth section of the pre emption act of 
fourth of September, eighteen hundred and forty one, the 



Land Office Laivs. 96 

Register and Receiver shall each be entitled to one dollar for 
their services in acting upon pre-en)ption claims, and shall 
be allowed, jointly, at the rate of fifteen cents per hundred 
words, for the testimony which may be reduced by them to 
writing for claimants in establishintj preemption or home- 
stead rights ; the regulations for giving proper effect to the 
provisions of this act to be prescribed by the Commissioner 
of the General Land Office. 

Sec. 5. And he it further enacted^ That where a pre- 
emptor has taken the initiatory steps required by existing 
laws in regard to actual settlement, and is called away from 
such settlement by being actually engaged in the military or 
naval service of the United States, and by reason of such ab- 
sence is unuble to appear at the district land office to make, 
before the Register or Receiver, the affidavits required by the 
thirteenth section of the Pre-emption act of fourth of Sep- 
tember, eighteen hundred and forty-one, the time f^r filing 
such affidavit and making final proof and entry of location 
shall be extended six months after the expiration of his 
term of service, upon satisfactory proof, by affidavit or the 
testimon}' of witnesses, that the said pre-emptor is so in the 
service, being filed with the Register of the land office for the 
district in which his settlement is made. 

Sec. G. And he it furiher enacted, That the Registers 
and Beceivers in the State of California, in the State of Ore- 
gon, and in the Territories of Washington, Nevada. Colorado, 
Idaho, New Mexico, and Arizona, shall be entitled to collect 
and receive, in addition to the fees and allowances provided 
by this act, fiity per centum of said fees and allowances as 
compen.=;ation for their services: P/•ovkhd/^n•^it the salary 
and fees allowed any Register or Rtceiver shall not exceed in 
the aggregate the sum of three thousand dollars per annum. 

Approved March 21, 186 K 



(H.) 

AN ACT for the disposal of the public lands for hon:edead actual 
settlement in the Stales of Alabama, Mi^sissijipi, Louisiana, 
Arkansas, and Florida. 

Be i( further enacted hy the Senate and House of Repre- 
sentatives of the United States of America in Congress 



98 Homes in the Y/est. 

assemhlcd. That from and after the passage of this act, all 
the public lands in the States of Alabama, Mississippi, 
Louisiana, Arkansas, and Florida, shall be disposed of ac- 
cording to the stipulations of the homestead law of twentieth 
May, eighteen hundred and sixty-two, entitled "An Act to 
secure homesteads to actual settlers on the public domain," 
and the acts supplemental thereto, approved twenty-first of 
March, eighteen hundred and sixty-fourj but with this re- 
striction, that until the expiration of two years from and 
after the passage of this act, no entry shall be made for more 
than a half quarter section, or eighty acres ; and in lieu of 
the sum of ten dollars required to be paid by the second sec- 
tion of said act. there shall be paid the sum of five dollars at 
the time of the issjiing of each patent ; and that the public 
land in said States sha'l be disposed of in no other manner 
after the passage of this act: J^/ovided, That no distinction 
or discrimination shall be made in the construction or exe- 
cution of this act on account of race or color : And j^rovided 
furfliei\ that no mineral lands shall be liable to entry and 
settlement under its provisions. 

Sec. 2. And he it further enacted, That section second 
of the above-cited homestead lav, entitled ''An Act to se- 
cure homesteads to actual settlers on the public domain." 
approved May twentieth, ei.^hteen hundred aod sixty- two, 
be so amended as to read as follows : That the person apply- 
ing for the benafit of th's aot shall, upon application to the 
Register of the land office in which he or she is about to make 
such entry, make affidavit before the said Register or Receiver 
that he or she is the head of a family, or is twenty-one years 
or more of age, or shall have performed service in the 
army or navy of the United States, and that such application 
is made for his or her exclusive use and bf^nefit, and that 
said entry is made for the purpose of actual settlement and 
cultivation, and nor., either directly or indirectly, for the use 
or benefit of any other person or persons whomsoever; and 
upon filing the said affidavit with the Hegister or Receiver, and 
on payment of five dollars, when the entry is not more than 
eighty acres, he or she shall thereupon be permitted to enter 
the amount of land specified : Procided however, That no 
certificate shall be given or patent issued therefor until the 
expiration of five years from the date of yuch entry ; and if 



Land Office Laios. 97 

at the expiration of such time, or at any time witliiu two 
years tliereaftor, tlie person making such entry, or if he be 
dead, his widow, or in case of her death, his heirs or devisee, 
or, in case of a widow making such entry, her heirs or de- 
visee, in case of her death, shall prove by two credible wit- 
nesses that he, she, or they have resided upon or cultivated 
the same for the term of five years immediately succeeding 
the time of filing the affidavit aforesaid, and shall make affi- 
davit that no part of said land has been alienated, and that 
he will bear true allegiance to the government of the United 
States, — then, in such case, he, she, or they, if at that time 
a citizen of the United Slates, shall be entitled to a patent, 
as in other cases provided by law: And provided further, 
That in case of the death of both father and mother, leaving 
an infant child or children under twenty-one years of age-, 
the right and fee shall inure to the benefit of said infant 
child or children; and the executor, administrator, or guardian 
may, at any time within two years after the death of the 
surviving parent, and in accordance with the laws of the 
State in which such children for the time being have their 
domicile, sell said land for the benefit of said infants, but for 
no other purpose; and the purchaser shall acquire the abso- 
lute title by the purchase, and be entitled to a patent from 
the United States on the payment of the office fees and sum 
of money herein specified : Provided, That until the first day 
of January, eighteen hundred and sixty-seven, any person 
applying for the benefit of this act shall, in addition to the 
oath hereinbefore required., also make oath that he has not 
borne arms against the United States, or given aid and com- 
fort to its enemies. 

Sec. 3. And he it further er^acted^ That all the provisions 
of the homestead law, and the act amendatory thereof, ap- 
proved March twenty-first, eighteen hundred and sixty-four, 
so far as the same may be apphcable, except so far as the 
same are modified by the preceding sections of this act, are 
applied to and made part of this act as fully as if herein en- 
acted and set forth. 

Approved June 21, 1866. 



98 Homes in the Wet. 



$ Land Office at , , 18 . 

Mr. has this day paid dollars, the Kegister's 

and Receiver's fees, to file a Declaratory Statement, the re- 
ceipt whereof is hereby acknowledged. 

J Receiver. 
No. 

Mr. having paid the fees, has this day filed in this 

office -his Declaratory Statement, No. , for , section 

, township J of range , containing acres, 

settled upon 18 , being offered. 



Register. 



(2) 

DECLARATORY STATEMENT FOR GASES WHERE 
THE LAND IS NOT SUBJECT TO PRIVATE ENTRY. 

I, , of being , have, on the day 

of , A. D. 18 , settled and improved the quar- 

ter section number , in township number , of range 

number , in the district of lands subject to sale at the 
land office at , and containing acres, which land 

has not yet been offered at public sale, and thus rendered 
subject to private entry; and I do hereby declare my inten- 
tion to claim the said tract of land as a pre-emption right, 
under the provisions of said Act of 4th September, 1841. 

Given under my hand this day of , A. D. 18 . 

In presence of 



(3.) 
FOR CASES WHERE THE LAND CLAIMED SHALL 
HAVE BEEN RENDERED SUBJECT TO PRIVATE 
ENTRY SINCE THE DATE OF THE LAW. 

I, , of , being , have, since the 

first day of , A. D. 18 , settled and improved the 



■ Land Office Laws. 99 

quarter of section uumber , in township num- 

ber , of range number , in the district of lands sub- 
ject to sale at the land office at , and containing 
acres, which land has heeii rendered suhject to private entry 
since the passage of the Act of 4th September, 1841, but 
prior to my settlement thereon ; and I do hereby declare 
my intention to claim the said tract of land as a pre-emption 
right, under the provisions of said Act of 4th September. 
1841. 

Griven under my hand this day of , A. D. 18 . 

In presence of 



AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIM- 
ANT. 

, , claiming the right of pre-emption under the 

provisions of the Act of Congress, entitled "An Act to ap- 
propriate the proceeds of the sale of the public lands, and to 
grant pre-emption rights,'^ approved September 4, 1841, to 
the quarter of section number , of township num- 

ber , ot range number , subject to sale at , do 

solemnly that I have never had the benefit of any 

right of pre-emption under this act ; that I am not the owner 
of three hundred and twenty acres of land in any State or 
Territory of the United States, nor have I settled upon and 
improved said land to sell the same on speculation^ but in 
good faith to appropriate it to my own exclusive use or ben- 
efit"; and that I have not, directly or indirectly, made any 
agreement or contract, in any way or m.auner, with any per- 
son or persons whomsoever, by which the title which I may 
acquire from the government of the United States should 
inure, in whole or in part, to the benefit of any person ex- 
cept myself. 

I, , of the Land Office at , do hereby certify 

that the above affidavit was taken and subscribed before me 
this day of , A. D. 18 . 



100 Homes in the West. 



(5.) 



We, ^ , do solemnly swear that , 

is an inhabitant of the quarter of section 

number , of township number , north of range num- 
ber , and that no other person resided upon the said land, 
entitled to the right of preemption. That the said , 

entered upon and made a settlement in person on the said 
land since the day of , A. D. 18 , to wit : on 

the day of , 18 , and has lived in the 

said house, and made it his exclusive home, from the 
day of 18 , till the present time. That he did not 

remove from his own land within the State of to make 

the settlement above referred to -, and that he has since said 
settlement ploughed, fenced, and cultivated about acres 
of said land. 

I, , do hereby certify that the above affidavit was 

taken and subscribed before me this day of , A. D. 

18 . 

We certify that , whose name sub- 

scribed to the foregoing affidavit, person of respecta- 

bility. 

, Register. 

, Receiver. 



(6.) 

HOxMESTEAD. 

Application ) 

No. ) Land Office at , 18 . 

I, , of , do hereby apply to enter, under the 

provisions of the Act of Congress approved May 20, 1862, 
entitled ^'An Act to secure Homesteads to actual settlers on 
the public domain," the of section , in town- 

ship , of range , containing acres. 

Land Office at , , 18 . 

I, , Eegister of the Land Office, do hereby certify 

that the above application is for Surveyed Lands of the 



Land Office Laws. 101 

class which the applicant is legally entitled to enter under 
the Homestead Act of May 20, 1862, and that there is no 
prior, valid, adverse right to the same. 

, Register, 



0-) 

HOMESTEAD. 



{Affidavit.') Land Office at , 

{Date.) 
1, , of , having filed mrj Application No. 

for an entry under the provisions of the Act of Congress, 
approved May 20, 1862, entitled '*An Act to secure Home- 
steads to actual settlers on the public domain/' do solemnly 
swear, that [^Here state whether the applicant is the head of 
afaraili/, or over twenty -one years of age ; whether a citizen 
of the United States, or has filed his declaration of intention 
of becoming such : or, if under tioenty-one years of age, 
that he has served not less than fourteen days in the army or 
navy of the United States during actual war ; that said 
Application No. is made for his or her exclusive benefit ; 
and that said entry is made for the purpose of actual 
settlement and cultivation, and not, directly or indirectly, 
for the use or benefit of any other persons ivhomsoever,'] and 
that I have not heretofore had the benefit of this Act. 

Sworn to and subscribed, this day of , before 

[^Register or Receiver'] of the Land Office. 



(8.) 

MILITARY OR NAVAL HOMESTEAD. 

Application } 
No. J Land Office at , ? 18 - 

I, , of , being in the service of the 

United States, do hereby apply to enter, under the provi- 
sions of the Act approved March 21, 1864, amendatory of 
the Homestead Act of May 20, 1862, and for other purposes, 
a certain tract of land, which is hereby authorized to 



102 Homes in the West. 

designate at the foot of this application, as my Homestead, 
and which I agree to hold as my own selection. 

Attest : , Commanding Officer at 



I, , as named in the foregoing Application No. , 

do designate the tract selected for his Homestead as the 
of section , in township , of range , containing 

acres, and on which there is bona fide improvement 
and settlement, and on which I am re3iding and in charge 
for said applicant. 

Witness my hand, this day of , 18 . 

Attest : , Register. 

Land Office at , , 18 . 

I, ; Register of the Land Office, do hereby 

certify that the above application is for Surveyed Lands of 
the class which the applicant is legally entitled to enter 
under the Homestead Act of May 20, 1862, and that there is 
no prior, valid, adverse right to the same. 

, Register. 



(9-) 
MILITARY OR NAYAL HOMESTEAD. 

Amendatory Homestead Act of March 21, 1864. 

AFFIDAVIT. 

State of , County of , 

[Date,] 
I, , , being now in the [military or naval service] 

of the United States, and proposing to file my application 
No. , for an entry under the provisions of the Act of 

Congress approved March 21, 1864, amendatory of the ori- 
ginal Homestead Act of May 20, 1862, and for other pur- 
poses, do solemnly swear that [Here state whether applicant 
is the head of a family, or over twenty-one years of age ; 
whether a citizen of the United States^ or has tiled his decla- 



Land Office Laws. 103 

ration of intention of becoming such ; or, if under twenty-one 
years of age, that he has served not less than fourteen days 
in the army or navy of the United States during actual war ; 
that said Application No. is made for his or her exclu- 

sive benefit ; and that said entry is made for the purpose of 
actual settlement and cultivation, and not, directly or in- 
directly, for the use or benefit of any other person or persons 
whomsoever,] and that I have not heretofore had the benefit 
of this Act. 

I further swear that I have made bona fide settlement and 
improvement upon the tract which [here give the name of 
representative] is. authorized to designate as my Homestead. 

Sworn to and subscribed, this day of , be- 

fore , U. S. Commanding Ofiicer of , at 

[Rank and service.] 



(10.) 

AFFIDAVIT— INDIAN HOMESTEAD OR PRE-EMP- 
TION. 

I , formerly of the tribe of Indians, do 

solemnly swear that I have voluntarily dissolved all connec- 
tion with that tribe, and that it is bona fide my intention to 
forego all claim to or share in any of its annuities or benefits, 
and in good faith to perform the duties of a citizen of the 
United States. 



(11.) 

AFFIDAVIT IN SUPPORT OF INDIAN HOMESTEAD 
OR PRE-EMPTION. 

I, , , do solemnly s^ear that to the best 

of knowledge and belief ^formerly of the 

tribe of Indians, has dissolved all connection with said tribe, 
and does not claim or share any of the annuities or benefits 
'nuring to said tribe of Indians by treaty or otherwise, but is 



104 Homes in the West, 

performing all such duties as pertain to a citizen of the Uni- 
ted States. 

Witness : 

Sworn and subscribed to before me this day of , 

18 . 



(12) 
AFFIDAV^IT. 
Land Office at 



(Date,) 
I, , of , haying filed my applica- 

tion No. for an entry under the provisions of the Act of 

Congress approved May 20, 1862, and desiring to avail my- 
self of the 25th section of the Act of July 15, 1870, in re- 
gard to land held at the double minimum price of $2.50 per 
acre, do solemnly swear that I am the identical 
who was a in the company * commanded by captain 

, in the regiment of , com- 

manded by , in the war of 1861 ; that I continued 

in actual service for ninety days, and have remained loyal to 
the government; that said application No. is made for my 
exclusive benefit, and for the purpose of actual settlement 
and cultivation, and not, directly or indirectly, for the use or 
benefit of any otber other person or persons, and that I have 
not hereto fore had the benefit of the Homestead Law. 
Sworn to and subscribed before me this day of 



[Register or Receiver of the Land Office.] 

* Where the party was a regimental or staff officer, or was ia a different branch of 
the service, the affidavit mixst be varied ia form axcording to the facts of the case. 



ADVEETISEMENTS. 



EEAD THIS! 



If you want to BUY or SELL a FARM or any 
kind of 



PROPERTY, 



GET THE 



PITTSBURGH 



mi mm mem. 



It is given away gratis to all who will call for it, or 
will be sent free by mail to any one requesting it. 



ADDRESS THE PUBLISHERS, 

Messrs. CEOFT & PHILLIPS, 

REAL ESTATE AGENTS, 

Commercial Building. Opposite Post Office, 

PITTSBURaH, PA-. 



JOHN J. McCORMICK'S 

FOREI&N EXCHANGE 

AK"D 

STEAMSHIP AGENCY, 

3^ew Gazette Building, second floors 

COR. SMITHFIELD STREET AND SIXTH AVENUE, 

SPECIAL AGENT 

For the OLD RELIABLE GUNARD MAIL LINE, 

HAMBURG MAIL LINE, and NATION" AL 

LINE, and also Agent for GUION" 

and other lines. 

DRAFTS AND TICKETS SOLD AT LOWEST RATES, 

N. B. — Passage Tickets and Drafts can^ be 

purchased on Saturday nights until 9 o'clock. 

Emigrant Tickets from New York to Pittsburgh, |T. 

Drafts sold from £1 upwards. 



SOLDIERS GOING WEST 



T 



LOCATE HOMESTEADS OR PURCHASE LAPS, 

SHOULD CALL AT 

B.F.BROWN'S OFFICE, 

Rocm No. 4 New Gazette Buildiiig, 
FITTSBXJRaH:, FA_., 

Where they can examine maps of the different 
States, and obtain all the necessary information, as 
to direct routes, &c., &c. 



A REDUCED RATE OF FARE 

Will be procured for ail wlio go West to locate and 
purchase lands. 

Citizens wishing to purchase choice western lands 
will find it to their advantage to call on 

Cor. 6th Avenue and Snnithfield Street, 

PITTSBURGH, PA. 



IMPROVED 

ELLIPTIC ^1WIN6 MACHINE 

MANUFAf "^URED RY THE 

Wheeler & Wilson Mfg. Co. 

The ELLIPTIC is acknowledged by competent 
judges to be the simplest, quietest, lightest running 
and most durable machine in the market, and we 
challenge competition to find a single defect, either 
in its mechanical construction or its general work- 
ings. 

Sold on the most reasonable terms, by 

R. Q. WRITTEN, 

No. IT Fifth Avenue, PITTSBUKGH, PA . 

BROWN & IRWIN, 

Real Estatei gents, 

Room No. 4 New Gazette Buildings 

Cor. Bth Avenue and SmitMeld St. 

PITTSBURG r , PA. 



McClelland^ McLean, 

Successors to Arthur Kirk, 

MANUFACTURERS OF 

LAMPS, LAMP GOOBS, 

WICKS, 
SHADES, 

HALL LAMPS, 

CHANDELIERS, 
BURNERS, 

CHIMNEYS, &c„ 

TABLE GLASSWARE, 

Ale and Wine Glasses^ 

Bar Tu^nblerSf 

FLASKS, VIALS, WINDOW GLASS, &c. 

DEALERS IN 

LuMcatii LaM, Carton aM Heafl UiW Oils. 

No. 230 Liberty and 175 Wood Street, 

PITTSBURGH, PA. 



WANTED: LIVE AGENTS. 

Wanted, an agent in every county to introduce 

DR. aADCL!FFE'8 «REAT REMEDY, 

Wl 8MLS OR G8LDES WONBIR. 

To a good live man who will take hold of the business, we will 
give great inducements. To a good live man, v/e will give sole 
control of such county as he may select, not already occupied. 

NO OHRE NO PAY, IS OUR MOTTO. 

This Remedy is composed of Eoots, Herbs, Barks, and Gums, a 
purely vegetable remedy. It will effectually cure more aches and 
pains in the human system than can be effected by any other, or 
by all other methods of medical aid in the same space of time. Dr. 
Radcliffe's Seven Seals, or Golden Wonder, is superior to any 
preparation that the skill of man has discovered for all the purposes 
for which the remedy is recommended. It has received the encour- 
agement of eminent physicians, who have testified to its superior 
excellence. It is admirably adapted (owing to its peculiar compo- 
sition) for a wide range of diseases in the shape of pains and aches 
which afflict the human family. It cures almost instnntly ; is pleas- 
ant, acting directly on the nervous system ; in short, the wonderful 
effects of this most valuable remedy cannot be explained in written 
language. A single dose taken according to directions will con- 
vince any one that it is all that is claimed for it. 

For full particulars address, 

L. C. KENNEDY & CO., 

Fsllsbnrgli, Pa. 

EUREKA! 

YES, WE HAVK FOUND IT ! Among all the trash thrown upon the mar- 
ket in the shape of Liniments, Pain Killers, and Kings of Pain, there are few 
that ever prove to be of value. There is now an article before tlie public 
that has been tried and comes guaranteed to be everything that it is recom- 
mended, and that is 

BRILL'S PAIN ERADICATOR. 

We wish it distinctly understood that we hold ourselves responsible for its 
effects, where it is used according to directions, an d return the money if it 
fails t© cure what it claims. A few applications cure FACIAL NEURALGIA, 
HEADACHE, TOOTHACHE, RHEUMATIC PAINS, etc. Taken internally it 
never failed to 

Check DiarrlioBa, Relieve Cramp Colic or Cholera Morbus, 

STOPS VOMITING AND GIVES THE SUFFERER REST. 
I^Our Druggists are selling large quantities, and will warrant it. There is 
certainly nothing before tne people to compare with this valuaVjle remedy, 
and we invite all to give it atrial. Our compound SantonineWorm Confections 
and Concentrated Flavoring Extracts have also gained great favor, and per- 
sons in need of a reliable article should always have them on hand. 

SOLE PROPRIETOR, 

77 Federal Street, Allegheny City, Pa., 

To whom all orders should bo addrei?.="ed. 



GltEAT WESTERN 

GUN WOEKS, 

179 Smithfleld Street, 

I='ITTSDBTJI^a-I3:, FJ^. 
RIFLES, 

Mnzzle and Breech Loading. 

DOUBLE SHOT GUNS, 

Twist and Laminated Steel Barrels. 

SINGLE SHOT GUNS, 

All sizes for Men and Boys. 

REVOLVESS, 

4, 5, 6, and 7 Shooters, using Powder, Ball and 
Cap ; also for Metal Cartridges. 

Flasks, Foiaelies, Qame Bags, Belts, «&©., 
4&C. AiaisfiiiiiiltioM and Cartridges 

@f every liliid. 

ARiVIY RIFLES, MUSKETS, 

CARBINES AND REVOLVERS BOUGHT, SOLD, OR TAKEN 

IN EXCHANGE. 

Write or call for a Price Catalogue. 

"N. B. — Goods sent by Express C. 0. D., to be 
examined before paying the Bill. 
Address, 

J. H. JOHNSON, 

Great Western Gun Works, 

179 Smithfleld Street, PITTSBURGH, PENN. 



Lincoln Sells 



THE ORIGINAL 



^'The first machine ever patented/' and the latest improved 
machine in the market. 

COME AND SEE THEM BEFORE YOU PURCHASE. 

OFFICE AND SALESROOM, 

No. 41 Sixth Street (late St. Clair], near the Suspension Bridge, 

IPITTSB-CnELG-HT, IP-A.. 

C. H. LINCOLN, Agt. 

LADIES' FURS REPAIRED 

M'KAIN'S 

m mnmm isTABOiiiT, 

No. 158 Beaver Street, two doors above New Methodist Church, 
corner of the Park and Beaver Street, 

ALLEGHENV CITV. 



Here you can have your MUFFS, CAPES, COLLARS, and CUFFS repaired 
and relined; your OLD FURS cleansed and changed into the most approved 
styles; your moth-eaten furs repaired and all appearance of moth removed. 
By a method of ours we can clean old furs which adds to them a wonderfully 
improved appearance. All the furs that we repair we clean without extra 
charge. We mnke all kinds of FANCY MUFFS, COLLARS, and CAPES. 

We have had long experience in this business, and will guarantee full sat- 
isfaction. Those having furs to alter or repair will favor us by sending them 
as soon as possible. For our responsibility we refer to all the fur dealers in 
the two cities. 

N. B. —This is the only place in the city where you can have your furs re- 
paired as they should be. We use nothmg but the best materials, and our 
charges are so liberal that they come within the reach of all. 



JAS. IRWIlSr, 



DEALER IN" 



FRUIT TREES, 

And Ornamental Trees of Every Desciiption, 

GHAPE VINES, ROSES, CLIMBING 
VINES, BULBS, &c,, &c. Good satis- 
faction guaranteed, and all stock 
warranted. 

REFERENCES: 

ROBERT DALZELL, of Lewis, Bailey, Dalzell & Co., 
JAMES FRAZIER, Nimick & Co., W. 0. HUaHART, 
President Connellsville R. R., J. H. PAaE.Secretary Con- 
nellsville R. R., WM. HAMILTON, Teller Allegheny Trust 
Co., W. A. REED, CasMer Allegheny Trust Co., KLEE 
BROS, Wood Street, Pittsburgh, W. & D. RINEHART, 
149 and 151 Wood St., Pittsburgh, JAMES MONTGOM- 
ERY, 331 Liberty St., Pittsburgh, JOHN N. SIEMON, 
Confectioner, 109 Federal St„ Allegheny, A, McINTOSH, 
172 Federal St., Allegheny, SAMUEL CLANEY, Burgess 
of Borough ofBellevue, M. D. PEEBLES, of Charles & 
Peebles, Allegheny, FRANCIS, ARDARY 519 Liberty St. 
Pittsburgh. 

DescriBtiTe Calalope sent free liy eDclosiag Mm SlamD. 

Address, 

JAMES IRW^IN; . 

No. 71 Federal Street, Allegheny City, Pa, 



B. F. BROWN", 

Claim and Land Agent. 

OFFICE, 

ROOM No. 4 NEW GAZETTE BUILDING, 

PITTSBURGH, PA. 

Pensions, Bounties, and every description of Army 
and Naval claims Promptly Collected. 

The recent decision of the Supreme Court enti- 
tles all soldiers who enlisted between May 4th and 
July 22d, 1861, to $100 bounty. This will be paid 
to those who enlisted between the above dates, and 
who were discharged for disability, sickness, &c., 
before serving two years. 

Soldiers discharged for disability, said disability 
being hernia (rupture) received in the service, are 
entitled to their full bounty. 

On the re-marriage of a widow who has been 
drawing pension for herself and children, her pen- 
sion and the children's will be continued to them 
through a legally appointed guardian, commencing 
from date of said re-marriage. 



160 Acres of Choice Land 

OBTAINED FOR ALL 

OFFICERS, SOLDIERS, SAILORS, mi MARINES 

WHO iJAVE SERVED NINETY DAYS AND UPWAKD. 



CONTENTS. 



Introduction, 5 

Kansas, Description of 11 

Nebraska, '< 29 

Missouri, " 35 

Iowa, " 45 

Minnesota, " 51 

"Wisconsin, " 65 

Circular from General Land Office, ,.. 71 

Homestead Act, of Sept. 4tb, 1841, 81 

Homestead Act, of March 3, 1843, 85 

Homestead Act, of March 3, 1853, 88 

Homestead Act, of March 27, 1854, 89 

Homestead Act, of June 2, 1862, 90 

Homestead Act, of May 20, 1862, 90 

Homestead Act, of March 21, 1864, , 93 

Homestead Act, of June 21, 1866, 95 

Blank Forms of Application, &c., 98 

Advertisements, , 106 



Hl54 7U-r I 



A 




|■€^§^ N. MANCHESTER, 
INDIANA 



